These Rules shall govern the
practice and procedure for appeals to the Supreme Court and the Court of
Appeals. The Court may, upon the motion of a party or the Court's own motion,
permit deviation from these Rules.

C. Appendix.
An Appendix is a compilation of documents filed by a party pertaining to an
appeal under Rule 49 and Rule 50.

D. Clerk.
The Clerk is the Clerk of the Indiana Supreme Court, Court of Appeals and Tax
Court.

E. Clerk's
Record. The Clerk's Record is the Record maintained by the clerk of the
trial court or the Administrative Agency and shall consist of the Chronological
Case Summary (CCS) and all papers, pleadings, documents, orders, judgments, and
other materials filed in the trial court or Administrative Agency or listed in
the CCS.

F. Court
and Court on Appeal. The terms “Court” and “Court on Appeal” shall refer to
the Supreme Court and the Court of Appeals.

(2) the trial court in
writing expressly determines under Trial Rule 54(B) or Trial Rule 56(C) that
there is no just reason for delay and in writing expressly directs the entry of
judgment (i) under Trial Rule 54(B) as to fewer than all the claims or parties,
or (ii) under Trial Rule 56(C) as to fewer than all the issues, claims or
parties;

(3) it is deemed final under
Trial Rule 60(C);

(4) it is a ruling on either
a mandatory or permissive Motion to Correct Error which was timely filed under
Trial Rule 59 or Criminal Rule 16; or

(5) it is otherwise deemed
final by law.

I. Notice
of Appeal. The Notice of Appeal initiates the appeal under Rule 9 and
replaces the praecipe for appeal.

J. Petition.
The term “Petition” shall mean a Petition for Rehearing, a Petition to Transfer
an appeal to the Supreme Court, and a Petition for Review of a Tax Court
decision by the Supreme Court. A request for any other relief shall be
denominated a “motion.”

K. Transcript.
Transcript shall mean the transcript or transcripts of all or part of the
proceedings in the trial court or Administrative Agency that any party has
designated for inclusion in the Record on Appeal and any exhibits associated
therewith.

L. Record
on Appeal. The Record on Appeal shall consist of the Clerk’s Record and all
proceedings before the trial court or Administrative Agency, whether or not
transcribed or transmitted to the Court on Appeal.

O. Court Reporter.
“Court Reporter” shall mean a person who is designated by a court or
Administrative Agency to perform official reporting services, including
preparing the Transcript.

P. Case
Management System (“CMS”). Case Management System is the system of
networked software and hardware used by any Indiana court that may receive,
organize, store, retrieve, transmit, and display all relevant documents in any
case before it.

Q. Conventional
Filing. Conventional Filing is the physical non-electronic presentation of
documents to the Clerk or Court.

R. Electronic
Filing (“E-Filing”). E-Filing is a method of filing documents with the
clerk of any Indiana court by electronic transmission utilizing the Indiana
E-Filing System. E-Filing does not include transmission by facsimile or by
email.

S. E-Filing
Manager (“EFM”). E-Filing Manager is the centralized entity approved by the
Supreme Court that receives and transmits all E-Filing submissions between
E-Filing Service Provider(s) and the appropriate CMS.

T. E-Filing
Service Provider (“EFSP”). E-Filing Service Provider is the organization
and software selected by a User and approved by the Supreme Court to receive
and transmit all E-Filing submissions between the User and the Indiana E-Filing
System.

U. Electronic
Service (“E-Service”). E-Service is a method of serving documents by
electronic transmission on any User in a case via the Indiana E-Filing System.

V. Indiana
E-Filing System (“IEFS”). Indiana E-Filing System is the system of
networked hardware, software, and service providers approved by the Supreme
Court for the filing and service of documents via the Internet, into the CMS(s)
used by Indiana courts.

W. Notice of
Electronic Filing (“NEF”). Notice of Electronic Filing is the notice
generated automatically when a document is submitted and transmitted through
the IEFS, which sets forth the time of transmission, the name of the Court,
User, party, attorney, trial court clerk, or Administrative Agency transmitting
the document, the title of the document, the type of document, and the name of
the Court, attorney, party, or other person meant to receive the Notice. The
time noted in an NEF will be the time at the location of the court where the
case is pending. An NEF will appear immediately on the User’s screen upon
submission of the document for E-Filing.

X. Public Access
Terminal. A Public Access Terminal is a publicly accessible computer
provided by a clerk or court that allows a member of the public to access the
IEFS and public court records.

Y. User Agreement.
A User Agreement is an agreement in a form approved by the Division of State
Court Administration that establishes obligations and responsibilities of the
User within the IEFS.

Z. User. User
is a Registered User or Filing User.

(1) Filing User. Filing Users include court and
clerk staff, unrepresented litigants, attorneys, or an agent whom an attorney
has expressly designated to make a filing on the attorney’s behalf and who has
an IEFS user ID, password, and limited authority to file documents
electronically.

(2) Registered User. A Registered User
is a person or entity with a user ID and password assigned by the IEFS or its
designee who is authorized to use the IEFS for the electronic filing or service
of documents.

AA. Service Contacts.
A Service Contact is a person for whom an email address and other identifying
information has been entered into the IEFS by a Registered User.

(1) Firm Service Contact. A Firm Service
Contact is a Service Contact associated in the IEFS with an attorney,
organization, or law firm.

(2) Public Service Contact. A Public Service
Contact is a Service Contact who is listed on the Public Service List for
purposes of E-Service. A Registered User may add a Service Contact to the
Public Service List only if authorized by the Service Contact.

(3) Public Service List. The Public Service List
is a directory of Public Service Contacts who are available for E-Service.

(1) Mandatory review.
The Supreme Court shall have mandatory and exclusive jurisdiction over the
following cases:

(a) Criminal Appeals in which
a sentence of death or life imprisonment without parole is imposed under
Ind.Code § 35-50-2-9 and Criminal Appeals in post conviction relief cases in
which the sentence was death.

(b) Appeals of Final
Judgments declaring a state or federal statute unconstitutional in whole or in
part.

(2) Discretionary Review.
The Supreme Court shall have discretionary jurisdiction over cases in which it
grants Transfer under Rule 56 or 57 or Review under Rule 63.

(3) Certain Interlocutory Appeals. The Supreme Court
shall have jurisdiction over interlocutory appeals authorized under Appellate
Rule 14 in any case in which the State seeks the death penalty or in life
without parole cases in which the interlocutory order raises a question of
interpretation of IC 35-50-2-9.

B. Other Jurisdiction.
The Supreme Court shall have exclusive jurisdiction over the following matters:

(1) The Practice of Law.
Matters relating to the practice of law including:

(a) Admissions to practice
law;

(b) The discipline and
disbarment of attorneys admitted to the practice of law; and

(c) The unauthorized practice
of law (other than criminal prosecutions therefor).

(2) Supervision of Judges.
The discipline, removal and retirement of justices and judges of the State of
Indiana;

(3) Supervision of Courts.
Supervision of the exercise of jurisdiction by other courts of the State of
Indiana, including the issuance of writs of mandate and prohibition; and

(4) Issuance of Writs.
Issuance of writs necessary or appropriate in aid of its jurisdiction.

A. Appeals From
Final Judgments. Except as provided in Rule 4, the Court of Appeals shall
have jurisdiction in all appeals from Final Judgments of Circuit, Superior,
Probate, and County Courts, notwithstanding any law, statute or rule providing
for appeal directly to the Supreme Court of Indiana. See Rule 2(H).

B. Appeals From
Interlocutory Orders. The Court of Appeals shall have jurisdiction over
appeals of interlocutory orders under Rule 14 except those appeals described in
Rule 4(A)(3).

C. Appeals From
Agency Decisions.

(1) Jurisdiction. The
Court of Appeals shall have jurisdiction to entertain actions in aid of its
jurisdiction and to review final orders, rulings, decisions and certified
questions of an Administrative Agency.

(2) Assignment of Errors.
No party shall file an assignment of errors in the Court of Appeals
notwithstanding any law, statute, or rule to the contrary. All issues and
grounds for appeal appropriately preserved before an Administrative Agency may
be initially addressed in the appellate brief.

If the Supreme Court or
Court of Appeals determines that an appeal or original action pending before it
is within the jurisdiction of the other Court, the Court before which the case
is pending shall enter an order transferring the case to the Court with
jurisdiction, where the case shall proceed as if it had been originally filed in
the Court with jurisdiction.

A. Availability.
A defendant in a Criminal Appeal may appeal the defendant's sentence. The State
may not initiate an appeal of a sentence, but may cross-appeal where provided
by law.

B. Scope of Review.
The Court may revise a sentence authorized by statute if, after due
consideration of the trial court's decision, the Court finds that the sentence
is inappropriate in light of the nature of the offense and the character of the
offender.

The Court on Appeal
acquires jurisdiction on the date the Notice of Completion of Clerk's Record is
noted in the Chronological Case Summary. Before that date, the Court on Appeal
may, whenever necessary, exercise limited jurisdiction in aid of its appellate
jurisdiction, such as motions under Rules 18 and 39.

A. Procedure for Filing
the Notice of Appeal with the Clerk of the Indiana Supreme Court, Court of
Appeals and Tax Court.

(1) Appeals from Final Judgments. A party initiates
an appeal by conventionally filing a Notice of Appeal with the Clerk (as
defined in Rule 2(D)) within thirty (30) days after the entry of a Final
Judgment is noted in the Chronological Case Summary. However, if any party
files a timely motion to correct error, a Notice of Appeal must be
conventionally filed within thirty (30) days after the court's ruling on such
motion is noted in the Chronological Case Summary or thirty (30) days after the
motion is deemed denied under Trial Rule 53.3, whichever occurs first.

(2) Interlocutory Appeals. The initiation of
interlocutory appeals is covered in Rule 14.

(3) Administrative Appeals.
A judicial review proceeding taken directly to the Court of Appeals from an
order, ruling, or decision of an Administrative Agency is commenced by conventionally
filing a Notice of Appeal with the Clerk within thirty (30) days after the date
of the order, ruling or decision, notwithstanding any statute to the contrary.

(4) Abolition of Praecipe.
The praecipe for preparation of the Record is abolished.

(5) Forfeiture of Appeal.
Unless the Notice of Appeal is timely filed, the right to appeal shall be
forfeited except as provided by P.C.R. 2.

B. Death Penalty
Cases. When a trial court imposes a death sentence, it shall on the same
day sentence is imposed, order the Court Reporter and trial court clerk to
begin immediate preparation of the Record on Appeal.

C. Joint Appeals.
If two (2) or more persons are entitled to appeal from a single judgment or
order, they may proceed jointly by conventionally filing a joint Notice of
Appeal. The joined parties may, thereafter, proceed on appeal as a single
appellant.

D. Cross-Appeals.
An appellee may cross-appeal without filing a Notice of Appeal by raising
cross-appeal issues in the appellee's brief. A party must file a Notice of
Appeal to preserve its right to appeal if no other party appeals.

E. Payment of
Filing Fee. The appellant shall pay to the Clerk the filing fee of $250. No
filing fee is required in an appeal prosecuted informa pauperis
or on behalf of a governmental unit. The filing fee shall be paid to the Clerk
when the Notice of Appeal is filed. The Clerk shall not file any motion or
other documents in the proceedings until the filing fee has been paid. A party
may proceed on appeal informa pauperis pursuant to Rule 40.

F. Content of
Notice of Appeal. The Notice of Appeal shall include the following:

(1) Party Information.

(a) Name and address of the
parties initiating the appeal, and if a party is not represented by counsel,
the party's FAX number, telephone number, and electronic mail address, if any;

(c) Certification that the
contact information listed on the Indiana Supreme Court Roll of Attorneys for
each attorney is current and accurate as of the date the Notice of Appeal is
filed (Attorneys can review and update their Roll of Attorneys contact
information on the Indiana Courts Portal);

(d) Acknowledgement that all
orders, opinions, and notices in the matter will be sent to the email
address(es) specified by the attorney on the Roll of Attorneys regardless of
the contact information listed on the Notice of Appeal; and

(e) Acknowledgment that each
attorney listed on the Notice of Appeal is solely responsible for keeping
his/her Roll of Attorneys contact information accurate per Ind. Admis. Disc. R.
2(A).

(2) Trial Information.

(a) Title of case;

(b) Names of all parties;

(c) Trial court or
Administrative Agency;

(d) Case number;

(e) Name of trial judge;

(3) Designation of Appealed Order or Judgment.

(a) The date and title of the
judgment or order appealed;

(b) The date on which any Motion
to Correct Error was denied or deemed denied, if applicable;

(c) The basis for appellate
jurisdiction, delineating whether the appeal is from a Final Judgment, as
defined by Rule 2(H); an interlocutory order appealed as of right pursuant to
Rule 14(A) or 14(D); an interlocutory order accepted for discretionary appeal
pursuant to Rule 14(B) or 14(C); or an expedited appeal pursuant to Rule 14.1;
and

(d) A designation of the court to
which the appeal is taken.

(4) Direction for Assembly of Clerk's Record.
Directions to the trial court clerk to assemble the Clerk's Record.

(5) Request for Transcript. A designation of all
portions of the Transcript necessary to present fairly and decide the issues on
appeal. If the appellant intends to urge on appeal that a finding of fact or
conclusion thereon is unsupported by the evidence or is contrary to the
evidence, the Notice of Appeal shall request a Transcript of all the evidence.
In Criminal Appeals, the Notice of Appeal must request the Transcript of the entire
trial or evidentiary hearing, unless the party intends to limit the appeal to
an issue requiring no Transcript. The appellant must include the email address
of the Court Reporter and must send by electronic transmission to the Court
Reporter the Notice of Appeal.

(6) Public Access Information. A statement whether Court
Records were excluded from Public Access.

(7) Appellate Alternative Dispute Resolution Information.
In all civil cases, an indication whether Appellant is willing to participate
in appellate alternative dispute resolution and, if so, provide a brief
statement of the facts of the case.

(8) Attachments.

(a) A copy of the judgment or
order being appealed (including findings and conclusions in civil cases and the
sentencing order in criminal cases);

(b) A copy of the order denying
the Motion to Correct Error or, if deemed denied, a copy of the Motion to
Correct Error, if applicable;

(c) A copy of all orders and
entries relating to the trial court or agency's decision to seal or exclude information
from public access, if applicable;

(d) A copy of the order from the
Court of Appeals accepting jurisdiction over the interlocutory appeal, if
proceeding pursuant to Rule 14(B)(3);

(9) Certification. A certification, signed by the
attorney or pro se party, certifying the following:

(a) That the case does or does
not involve issues of child custody, support, visitation, adoption, paternity,
determination that a child is in need of services, termination of parental
rights, and all other appeals entitled to priority by rule or statute;

(b) That the attorney or pro se
party has reviewed and complied, and will continue to comply, with the
requirements of Rule 9(J) and Administrative Rule 9(G), to the extent they
apply to the appeal; and

(c) That the attorney or pro se
party will make satisfactory payment arrangements for any transcripts ordered
in the Notice of Appeal, as required by Rule 9(H).

(10) Certificate of Filing and Service. The Certificate
of Service required by Rule 24. This Certificate shall also certify the date on
which the Notice of Appeal was filed with the Clerk. (See Form # App.R. 9-1)

G. Supplemental
Request for Transcript. Any party to the appeal may file with the trial
court clerk or the Administrative Agency, without leave of court, a request
with the court reporter or the Administrative Agency for additional portions of
the Transcript.

H. Payment for
Transcript. The Court Reporter may require from the appellant a fifty
percent (50%) deposit based on the estimated cost of the Transcript, except no
deposit may be charged for state or county paid Transcript. Within 10 (10) days
after the filing of a Notice of Appeal a party must enter into an agreement
with the court reporter for payment of the balance of the cost of the
Transcript. Unless a court order requires otherwise, each party shall be
responsible to pay for all transcription costs associated with the Transcript
that party requests.

I. Administrative
Agency Appeals. In Administrative Agency appeals, the Notice of Appeal
shall include the same contents and be handled in the same manner as an appeal
from a Final Judgment in a civil case, notwithstanding any statute to the
contrary. Assignments of error are not required. See Rule 9(A)(3). (See Form
#App.R. 9-1).

J. All Court
Records Excluded from Public Access. In cases where all Court Records are
excluded from Public Access pursuant to Administrative Rule 9(G)(1), the Clerk
shall make the appellate Chronological Case Summary for the case publicly
accessible but shall identify the names of parties and affected persons in a
manner reasonably calculated to provide anonymity and privacy.

A. Notice to Court
Reporter of Transcript Request. If a Transcript is requested, the trial
court clerk or the Administrative Agency shall give immediate notice of the
filing of the Notice of Appeal and the requested Transcript to the Court Reporter.

B. Assembly of Clerk's
Record. Within thirty (30) days of the filing of the Notice of Appeal, the
trial court clerk or Administrative Agency shall assemble the Clerk's Record.
The trial court clerk or Administrative Agency is not obligated to index or
marginally annotate the Clerk's Record.

C. Notice of
Completion of Clerk's Record. On or before the deadline for assembly of the
Clerk's Record, the trial court clerk or Administrative Agency shall issue and
file a Notice of Completion of Clerk's Record with the Clerk and shall serve a
copy on the parties to the appeal in accordance with Rule 24 to advise them
that the Clerk's Record has been assembled and is complete. The Notice of
Completion of Clerk's Record shall include a certified copy of the
Chronological Case Summary and shall state whether the Transcript is (a)
completed, (b) not completed, or (c) not requested. (See Form # App.R. 10-1).
Copies of the Notice of Completion of Clerk's Record served on the parties
shall include a copy of the Chronological Case Summary included with the
original, but the copies served on the parties need not be individually
certified.

D. Notice of
Completion of Transcript. If the Transcript has been requested but has not
been filed when the trial court clerk or Administrative Agency issues its
Notice of Completion of the Clerk's Record, the trial court clerk or
Administrative Agency shall issue and file a Notice of Completion of Transcript
with the Clerk and shall serve a copy on the parties to the appeal in
accordance with Rule 24 within five (5) days after the Court Reporter files the
Transcript. (See Form #App.R. 10-2)

E. Extension of
Time to Complete Clerk's Record. The trial court clerk or Administrative
Agency may move the Court on Appeal designated in the Notice of Appeal for an
extension of time to assemble the Clerk's Record pursuant to Rule 35 (A) and
shall state in such motion the factual basis for inability to comply with the
prescribed deadline despite exercise of due diligence. (See Form # App.R.
10-3). The trial court clerk shall file an original and one copy of the motion
with the Clerk and shall serve a copy of the motion on the parties to the
appeal in accordance with Rule 24. Motions for extension of time in
interlocutory appeals, appeals involving worker's compensation, issues of child
custody, support, visitation, paternity, adoption, determination that a child
is in need of services, and termination of parental rights are disfavored and
shall be granted only in extraordinary circumstances.

F. Failure to
File Notice of Completion of Clerk's Record. If the trial court clerk or
Administrative Agency fails to issue, file, and serve a timely Notice of
Completion of Clerk's Record, the appellant shall seek an order from the Court
on Appeal compelling the trial court clerk or Administrative Agency to complete
the Clerk's Record and issue, file, and serve its Notice of Completion. Failure
of appellant to seek such an order not later than seven (7) days after the
Notice of Completion of Clerk's Record was due to have been issued, filed, and
served shall subject the appeal to dismissal.

G. Failure to File
Notice of Completion of Transcript. If the trial court clerk or
Administrative Agency fails to issue, file, and serve a timely Notice of
Completion of Transcript required by Rule 10(D), the appellant shall seek an
order from the Court on Appeal compelling the trial court clerk or
Administrative Agency to issue, file and serve the Notice of Completion of
Transcript. Failure of appellant to seek such an order not later than seven (7)
days after the Notice of Completion of Transcript was due to have been issued,
filed, and served shall subject the appeal to dismissal.

A. Preparation of
Transcript. The Court Reporter shall prepare, certify and file the Transcript
designated in the Notice of Appeal with the trial court clerk or Administrative
Agency in accordance with Rules 28 and 29. Preparation of the exhibits as
required by Rule 29 is considered part of the Transcript preparation process.
The Court Reporter shall provide notice to all parties to the appeal that the Transcript
has been filed with the clerk of the trial court or Administrative Agency in
accordance with Rules 28 and 29. (See Form # App.R. 11-1) With the exception of
the preparation of documentary exhibits pursuant to Rule 29(A), the Court
Reporter may engage the services of outside transcribers or transcription
services to assist in all or part of the transcription.

B. Deadline for
Filing Transcript. For appeals filed on or after July 1, 2016, the Court Reporter
or Administrative Agency shall have forty-five (45) days after the appellant
files the Notice of Appeal to file the Transcript with the trial court clerk or
Administrative Agency.

C. Extension of
Time to File Transcript. If the Court Reporter believes the Transcript
cannot be filed within the time period prescribed by this rule, then the Court Reporter
shall promptly move the Court on Appeal designated in the Notice of Appeal for
an extension of time to file the Transcript pursuant to Rule 35 (A) and shall
state in such motion the factual basis for inability to comply with the
prescribed deadline despite exercise of due diligence. (See Form # App.R.
11-2). The Court Reporter shall serve a copy of the motion on the parties to
the appeal in accordance with Rule 24. Motions for extension of time in
interlocutory appeals, appeals involving worker's compensation, issues of child
custody, support, visitation, paternity, adoption, determination that a child
is in need of services, and termination of parental rights are disfavored and
shall be granted only in extraordinary circumstances.

D. Failure to
Complete Transcript. If the Court Reporter fails to file the Transcript
with the trial court clerk within the time allowed, the appellant shall seek an
order from the Court on Appeal compelling the Court Reporter to do so. The
motion to compel shall be verified and affirmatively state that service as
required under Rule 24(A)(1) was properly made and that the appellant has
complied with the agreement for payment made in accordance with Rule 9(H). Failure
of appellant to seek such an order not later than seven (7) days after the
Transcript was due to have been filed with the trial court clerk shall subject
the appeal to dismissal.

A. Clerk's Record.
Unless the Court on Appeal orders otherwise, the trial court clerk shall retain
the Clerk's Record throughout the appeal. A party may request that the trial
court clerk copy the Clerk's Record, or a portion thereof, and the clerk shall
provide the copies within seven (7) days, subject to the payment of any usual
and customary copying charges.

B. Transcript.

(1) Except as otherwise provided below, the trial court
clerk shall retain the Transcript until the Clerk notifies the trial court
clerk that all briefing is completed, and the trial court clerk shall then
transmit one (1) copy of the Transcript to the Clerk in accordance with Rules
28 and 29.

(a) In Criminal Appeals in which
the appellant is not represented by the State Public Defender, the Clerk shall
notify the trial court clerk when the Appellant’s Brief has been filed, and the
trial court clerk will then transmit one (1) copy of the Transcript to the
Clerk in accordance with Rules 28 and 29.

(b) In Criminal Appeals in which the appellant is
represented by the State Public Defender, the trial court clerk shall transmit
one (1) copy of the Transcript to the Clerk in accordance with Rules 28 and 29
when the Court Reporter has completed the preparation, certification and filing
in accordance with Rule 11(A).

(c) In juvenile termination of parental rights and juvenile
child in need of services appeals, the Clerk shall notify the trial court clerk
when the Appellant’s Brief has been filed, and the trial court clerk will then
transmit one (1) copy of the Transcript to the Clerk in accordance with Rules
28 and 29.

(d) Any party may move the Court on Appeal to order the
trial court clerk to transmit the Transcript at a different time than provided
for in this Rule.

(2) Any party may withdraw the Transcript, or, at the trial
court clerk’s option, a copy, at no extra cost, from the trial court clerk for
a period not to exceed the period in which the party’s brief is to be filed.

C. Access to
Record on Appeal. Unless limited by the trial court, any party may copy any
document from the Clerk's Record and any portion of the Transcript. After a
Transcript or Appendix has been transmitted to or filed with the Clerk, a party
to the appeal may arrange to have access to that Transcript or Appendix during
the time period that party is working on a brief, subject to any internal rules
the Clerk may adopt to provide an accounting for the location of those
materials and for ensuring fair access to the Transcript and Appendices by all
parties.

D. Appeals from
Administrative Agencies. When the appeal is from an Administrative Agency,
reference to the “trial court clerk” shall mean the Administrative Agency.

In cases taken directly
to the Court of Appeals from the final orders, rulings or decisions and
certified questions of an Administrative Agency, the preparation, contents, and
transmittal of the Record on Appeal, to the extent possible pursuant to Rules
10, 11 and 12, shall be governed by the same provisions applicable to appeals
from Final Judgments in civil cases, including all applicable time periods,
notwithstanding any statute to the contrary.

A. Interlocutory
Appeals of Right. Appeals from the following interlocutory orders are taken
as a matter of right by conventionally filing a Notice of Appeal with the Clerk
within thirty (30) days after the notation of the interlocutory order in the Chronological
Case Summary:

(1) For the payment of money;

(2) To compel the execution of any document;

(3) To compel the delivery or assignment of any securities,
evidence of debt, documents or things in action;

(4) For the sale or delivery of the possession of real
property;

(5) Granting or refusing to grant, dissolving, or refusing
to dissolve a preliminary injunction;

(6) Appointing or refusing to
appoint a receiver, or revoking or refusing to revoke the appointment of a
receiver;

(7) For a writ of habeas
corpus not otherwise authorized to be taken directly to the Supreme Court;

(8) Transferring or refusing
to transfer a case under Trial Rule 75; and

(9) Issued by an
Administrative Agency that by statute is expressly required to be appealed as a
mandatory interlocutory appeal.

The Notice of Appeal
shall be in the form prescribed by Rule 9, and served in accordance with Rule
9(F)(10).

B. Discretionary
Interlocutory Appeals. An appeal may be taken from other interlocutory
orders if the trial court certifies its order and the Court of Appeals accepts
jurisdiction over the appeal.

(1) Certification by the Trial Court. The trial
court, in its discretion, upon motion by a party, may certify an interlocutory
order to allow an immediate appeal.

(a) Time for Filing Motion. A motion requesting
certification of an interlocutory order must be filed in the trial court within
thirty (30) days after the date the interlocutory order is noted in the
Chronological Case Summary unless the trial court, for good cause, permits a
belated motion. If the trial court grants a belated motion and certifies the
appeal, the court shall make a finding that the certification is based on a
showing of good cause, and shall set forth the basis for that finding.

(b) Content of the Motion in the Trial Court. A motion to
the trial court shall contain the following:

(i) An identification of the
interlocutory order sought to be certified;

(ii) A concise statement of
the issues to be addressed in the interlocutory appeal; and

(i) The appellant will
suffer substantial expense, damage or injury if the order is erroneous and the
determination of the error is withheld until after judgment.

(ii) The order involves a
substantial question of law, the early determination of which will promote a
more orderly disposition of the case.

(iii) The remedy by appeal is
otherwise inadequate.

(d) Response to Motion. Any
response to a motion for the trial court to certify an interlocutory order
shall be filed within fifteen (15) days after service of the motion, and
computing time in accordance with Trial Rule 6.

(e) Ruling on Motion by the
Trial Court. In the event the trial court fails for thirty (30) days to set the
motion for hearing or fails to rule on the motion within thirty (30) days after
it was heard or thirty (30) days after it was filed, if no hearing is set, the
motion requesting certification of an interlocutory order shall be deemed denied.

(2) Acceptance of the Interlocutory Appeal by the Court
of Appeals. If the trial court certifies an order for interlocutory appeal,
the Court of Appeals, in its discretion, upon motion by a party, may accept
jurisdiction of the appeal. The motion shall be accompanied by an appearance
as required by Rule 16(H).

(a) Time for Filing Motion in
the Court of Appeals. The motion requesting that the Court of Appeals accept
jurisdiction over an interlocutory appeal shall be conventionally filed within
thirty (30) days after the date the trial court's certification is noted in the
Chronological Case Summary.

(b) Content of the Motion in
the Court of Appeals. The motion requesting that the Court of Appeals accept
jurisdiction shall state:

(i) The date of the interlocutory
order.

(ii) The date the motion for
certification was filed in the trial court.

(iii) The date the trial court’s
certification of its interlocutory order was noted in the Chronological Case
Summary.

(iv) The reasons the Court of
Appeals should accept this interlocutory appeal.

(c) Submissions with Motion.
The party seeking an interlocutory appeal shall submit with its motion a copy
of the trial court's certification of the interlocutory order and a copy of the
interlocutory order.

(d) Response to Motion. Any
response to a motion requesting the Court of Appeals to accept jurisdiction
shall be filed within fifteen (15) days after service of the motion.

(3) Filing of Notice of Appeal. The appellant shall conventionally
file a Notice of Appeal with the Clerk within fifteen (15) days of the Court of
Appeals' order accepting jurisdiction over the interlocutory appeal. The Notice
of Appeal shall be in the form prescribed by Rule 9, and served in accordance
with Rule 9(F)(10). The appellant shall also comply with Rule 9(E).

C. Interlocutory
Appeals From Orders Granting Or Denying Class Action Certification. The
Court of Appeals, in its discretion, may accept jurisdiction over an appeal
from an interlocutory order granting or denying class action certification under
Ind. Trial Rule 23.

(1) Time for Filing Motion. A motion requesting that
the Court of Appeals accept jurisdiction over an interlocutory appeal from an
order granting or denying class action certification shall be conventionally
filed within thirty (30) days after the notation of the order in the
Chronological Case Summary. The Motion shall be accompanied by an appearance
as required by Rule 16(H).

(2) Content of Motion. The motion requesting that the
Court of Appeals accept jurisdiction shall state:

(a) The date the order
granting or denying class action certification was noted in the Chronological
Case Summary.

(b) The facts necessary for
consideration of the motion.

(c) The reasons the Court of
Appeals should accept the interlocutory appeal.

(3) Submissions with Motion.
The trial court's order granting or denying class action certification shall be
submitted with the motion requesting that the Court of Appeals accept
jurisdiction over the interlocutory appeal.

(4) Response to Motion.
Any response to the motion requesting the Court of Appeals to accept
jurisdiction shall be filed within fifteen (15) days after service of the
motion.

(5) Filing of Notice of
Appeal. The appellant shall file a Notice of Appeal with the Clerk within
fifteen (15) days of the Court of Appeals' order accepting jurisdiction over
the interlocutory appeal. The Notice of Appeal shall be in the form prescribed
by Rule 9, and served in accordance with Rule 9(F)(10). The appellant shall
also comply with Rule 9(E).

D. Statutory
Interlocutory Appeals. Other interlocutory appeals may be taken only as
provided by statute.

E. Clerk's Record
and Transcript. The Clerk's Record shall be assembled in accordance with
Rule 10. The Court Reporter shall file the Transcript in accordance with Rule
11.

(1) Extensions.
Extensions of time to file any brief in an interlocutory appeal are disfavored
and will be granted only upon a showing of good cause. Any motion for extension
must comply with Rule 35.

(2) Shortening Deadlines.
The Court of Appeals, upon motion by a party and for good cause, may shorten
any time period. A motion to shorten time shall be filed within ten (10) days
of the filing of either the Notice of Appeal with the Clerk or the motion to
the Court of Appeals requesting permission to file an interlocutory appeal.

H. Stay of Trial
Court Proceedings. An interlocutory appeal shall not stay proceedings in the
trial court unless the trial court or a judge of the Court of Appeals so
orders. The order staying proceedings may be conditioned upon the furnishing of
a bond or security protecting the appellee against loss incurred by the
interlocutory appeal.

I. Death Penalty
Cases. In any case in which the State seeks the death penalty or in which
the interlocutory order raises a question of interpretation of IC 35-50-2-9, references
in this Rule to the Court of Appeals shall refer to the Supreme Court.

A. Applicability.
This Rule governs appellate review per Indiana Code sections 31-34-4-7(f),
31-34-19-6.1(f), 31-37-5-8(g), and 31-37-18-9(d). All other appeals concerning
children alleged to be in need of service or children alleged to be delinquent
are not covered by this rule.

B. Notice
of Expedited Appeal.

(1) The
Department of Child Services (“DCS”) shall conventionally file a Notice of
Expedited Appeal with the Clerk within five (5) business days after the trial court's
order of placement and/or services is noted in the Chronological Case Summary.
(See Form #App.R. 9-1).

(2) On the same day DCS conventionally
files the Notice of Expedited Appeal, it shall serve the Notice on the trial
court judge, the clerk of the trial court, the Court Reporter (if a Transcript,
or any portion of a Transcript is requested), the county commissioners, the
guardian ad litem, CASA, any juvenile who is the subject of the order if 14
years of age or older, counsel for the juvenile, the parents of the juvenile,
the Attorney General, in the case of a juvenile delinquency matter the Chief
Probation Officer and Prosecutor, and any other party of record.

(3) The Notice of Expedited
Appeal shall include all content required by Rule 9(F).

(4) The certificate of
service attached to the Notice of Expedited Appeal shall include (a) the name
and address, and (b) the FAX number and e-mail address if known, of every
person to whom it was sent.

(5) Any party who has
received the Notice of Expedited Appeal shall have five (5) business days from
service of the Notice of Expedited Appeal to file an Appearance and request any
additional other items to be included in the record. Failure to file an
Appearance shall remove that party from the Appeal.

(6) The trial court shall be
considered a party to the Appeal if it files a timely appearance.

C. Transcript and
Record.

(1) The completion of the
Transcript and the Record on Appeal shall take priority over all other appeal Transcripts
and records. Within ten (10) business days after the filing of the Notice of
Appeal is noted in the Chronological Case Summary, the assembly of the Clerk's
Record shall be completed and any requested Transcript shall be prepared and
filed, after which the clerk shall immediately issue and file a Notice of
Completion of Clerk's Record (and a separate Notice of Completion of Transcript
if assembly of the Clerk's Record is completed before the Transcript is filed)
and shall immediately serve all parties to the Appeal by both: (i) U.S. mail or
third-party commercial carrier; and (ii) personal service, electronic mail, or
facsimile.

(2) The Clerk's Record in
appeals governed by this rule shall contain the pre-dispositional report and
any attachments thereto, in addition to the other records listed in Appellate
Rule 2(E). The trial court clerk is not obligated to index or marginally
annotate the Clerk's Record, which shall be the responsibility of DCS.

(3) On the eleventh (11th)
business day following the filing of the Transcript, the trial court clerk
shall transmit the Transcript to the Clerk without any further notice from the
Clerk. Failure to meet this deadline shall require the trial court clerk to
show cause to the Court on Appeal why he or she should not be held in contempt.
DCS may, but is not required to, file a show cause motion with the Court on
Appeal concerning the trial court clerk's failure to meet this deadline.

D. Memoranda.

(1) Any party on Appeal may
file a memorandum, which may be in narrative form and need not contain the
sections under separate headings listed in Appellate Rule 46(a).

(2) Memoranda shall not
exceed ten (10) pages unless limited to 4,200 words and shall adhere to the
requirements of Appellate Rules 43(A)-(H), and (J). Memoranda exceeding ten
(10) pages in length shall contain the word count certification required by
Appellate Rule 44(F). Any factual statement shall be supported by a citation to
a page where it appears in the record.

(3) DCS shall have five (5)
business days from the notation in the Chronological Case Summary of the filing
of the Notice of Completion of Transcript (or the Notice of Completion of
Clerk's Record if a Transcript was not requested) to file a memorandum stating
why the trial court's decision should be reversed. DCS's memorandum shall be
accompanied by an Appendix that shall contain copies of all relevant pleadings,
motions, orders, entries, and other papers filed, tendered for filing, or
entered by the trial court, including but not limited to the pre-dispositional
report and all attachments thereto.

(4) Any responding party
shall have five (5) business days after DCS has filed its memorandum to file a
responsive memorandum stating why the decision should be sustained or reversed,
and to file any accompanying supplemental Appendix.

(5) No reply memorandum shall
be allowed.

E. Extensions
of Time. Extensions of time are not allowed.

F. Rehearing on
Appeal. A party may not seek rehearing of an appellate decision issued
under this rule.

G. Outcome of
Appeal. If DCS prevails on appeal, payment shall be made in accordance with
Indiana Code sections 31-34-4-7(g), 31-34-19-6.1(g), 31-37-5-8(h), or
31-37-18-9(e), as the case may be.

H. Petition to
Transfer. A Petition to Transfer must be filed no later than five (5)
business days after the adverse decision of the Court of Appeals. A party who
files a Petition to Transfer by mail or third-party commercial carrier shall
also contemporaneously tender a copy to the Clerk's Office via facsimile. The
Petition to Transfer shall adhere to the requirements of Appellate Rules
43(A)-(G), (J), and (K). Appellate Rules 43(H) and (I), 44, and 57 shall not
apply. The Petition to Transfer shall not exceed one (1) page in length,
excluding the front page, signature block and certificate of service, and shall
notify the Supreme Court simply of the party's desire for the Supreme Court to
assume jurisdiction over the appeal following the adverse decision of the Court
of Appeals. A file-stamped copy of the Court of Appeals' opinion or memorandum
decision shall be submitted with the Petition to Transfer. No brief in response
shall be allowed. The Supreme Court will consider the merits of the Petition to
Transfer based on the party's filings submitted to the Court of Appeals and on
the Court of Appeals' opinion or memorandum decision.

I. Certification
of Opinion. The Clerk shall certify the Court of Appeals' opinion or
memorandum decision six (6) business days after it is handed down unless a
timely Petition to Transfer has been filed and served in accordance with the
preceding section. The Clerk shall certify any opinion of the Supreme Court
immediately upon issuance.

J. Service. If
a party provides service by mail or third-party commercial carrier pursuant to
Rule 68(F)(2), then the party shall also provide service by contemporaneous fax
or email on all parties whose FAX number or e-mail address is known by the
serving party. Parties who are served by contemporaneous FAX or e-mail shall
not be entitled to the extension of time set forth in Appellate Rule 25(C). Any
party filing an appearance after documents have been served shall promptly be
served with all documents not previously provided to the later-appearing party.

A. Initiating
Parties. The filing of a Notice of Appeal pursuant to Rule 9 or Notice of
Expedited Appeal pursuant to Rule 14.1 satisfies the requirement to file an
appearance.

B. Responding
Parties. All other parties participating in an appeal shall file an
appearance form with the Clerk. (See Form # App.R. 16-1). When the State is
appellee in a Criminal Appeal, the Clerk shall enter the appearance of the
Attorney General. The appearance form shall be filed within fifteen (15) days
after the filing of the Notice of Appeal or contemporaneously with the first
document filed by the appearing party, whichever comes first. The appearance
form shall contain the following:

(1) Name and address of the appearing party, and if the
appearing party is not represented by counsel, the party's FAX number,
telephone number, and electronic mail address, if any;

(3) If it is a civil case, whether appellee is willing to
participate in Appellate ADR;

(4) Certification that the contact information listed on the
Indiana Supreme Court Roll of Attorneys for each attorney is current and
accurate as of the date the Appearance is filed (Attorneys can review and
update their Roll of Attorneys contact information on the Indiana Courts
Portal;

(5) Acknowledgement that all orders, opinions, and notices
in the matter will be sent to the email address(es) specified by the attorney
on the Roll of Attorneys regardless of the contact information listed on the
Appearance; and

C. Parties to
Certified Federal Questions. If the Supreme Court decides to answer a
question of law certified by a federal court under Rule 64, parties to the
federal proceeding shall file an appearance form with the Clerk setting forth
the same information identified in Section (B) of this Rule. Appearance forms
shall be filed within thirty (30) days following the order of the Supreme Court
granting the federal court's request for an opinion, or contemporaneously with
the first document filed by the appearing party, whichever comes first.

D. Amicus
Curiae. When moving for leave to file an amicus curiae brief under
Rule 41, the movant shall file an appearance form with the Clerk containing the
following:

(3) Whether the movant sought amicus curiae status in
the proceeding before the trial court or Administrative Agency, and if so,
whether the request was granted.

E. Correction of
Information. Parties shall promptly advise the Clerk of any change in the
information previously supplied under this Rule and Rule 9. Attorneys whose
contact information changes shall immediately update their contact information
on the Indiana Supreme Court Roll of Attorneys using the website designated by
the Supreme Court for this purpose.

F. Appearance on
Transfer or Review. If an attorney has entered an appearance in a case
before the Court of Appeals or the Tax Court, that attorney need not file
another appearance in any continuation of that case before the Supreme Court.
If an attorney has been granted temporary admission in a case before the Court
of Appeals or the Tax Court, that attorney need not again seek temporary
admission in any continuation of that case before the Supreme Court.

G. Withdrawal of
Appearance. An attorney wishing to withdraw his or her appearance shall
seek leave of the court by motion stating the reason that leave is sought. If a
new attorney will be replacing the withdrawing attorney, the new attorney's
appearance should, if possible, be filed with the motion to withdraw
appearance.

H. Appearances in
Certain Interlocutory Appeals. In the case of an Interlocutory Appeal under
Rules 14(B)(2) or 14(C), a party shall conventionally file an appearance
setting forth the information required by Rule 16(B) at the time the motion
requesting the Court on Appeal to accept jurisdiction over the interlocutory
appeal is filed. (See Form # App. R. 16-2).

A. Trial Court or Administrative Agency Parties.
A party of record in the trial court or Administrative Agency shall be a party
on appeal. The Attorney General represents the state in all Criminal Appeals.

B. Death or Incompetence of Party. The death or
incompetence of any or all the parties on appeal shall not cause the appeal to
abate.The death of the appellant abates a criminal appeal. Successor
parties may be substituted for the deceased or incompetent parties.

C. Substitution Of Parties.

(1) Automatic Substitution for Public Officers in
Official Capacities. When a public officer who is sued in an official
capacity dies, resigns or otherwise no longer holds public office, the
officer's successor is automatically substituted as a party.

(2) Substitution of Parties.A party shall,
by notice filed with the Clerk, advise the Court of the succession in office of
any party. The failure of any party to file a notice shall not affect the
party’s substantive rights.

No appeal bond shall be
necessary to prosecute an appeal from any Final Judgment or appealable
interlocutory order. Enforcement of a Final Judgment or appealable
interlocutory order from a money judgment shall be stayed during appeal upon
the giving of a bond, an irrevocable letter of credit, or other form of
security approved by a trial court or Administrative Agency. The trial court or
Administrative Agency shall have jurisdiction to fix and approve the bond,
irrevocable letter of credit, or other form of security, and order a stay prior
to or pending an appeal. After the trial court or Administrative Agency decides
the issue of a stay, the Court on Appeal may reconsider the issue at any time
upon a showing, by certified copies, of the trial court's action. The Court on
Appeal may grant or deny the stay and set or modify the bond, letter of credit,
or other form of security. No bond, letter of credit, or other form of security
shall be required from any party exempted from bond by Trial Rule 62(E). This
rule creates no right to a stay where precluded by law.

A. Subjects for
Conference. The Court of Appeals may order a preappeal conference upon the
motion of any party or on the court's own motion, to consider the following:

(1) the simplification and designation of the issues to be
presented on appeal;

(2) obtaining stipulations to avoid the preparation of
unnecessary Transcript;

(3) the determination of what Transcript from the trial
court is necessary to present properly the issues on appeal;

(4) scheduling;

(5) settlement; and

(6) such other matters as may aid the disposition of the
appeal.

B. Sanctions.
If a party fails to appear in person or by counsel at the preappeal conference,
without good cause, or if an attorney is unprepared to participate in the
conference, the Court of Appeals may impose appropriate sanctions, including
attorney fees.

The parties in civil
cases are encouraged to consider appellate mediation. The Court on Appeal may,
upon motion of any party or its own motion, conduct or order appellate
alternative dispute resolution.

A. Expedited
Appeals. The court shall give expedited consideration to interlocutory
appeals and appeals involving issues of child custody, support, visitation,
adoption, paternity, determination that a child is in need of services,
termination of parental rights, and all other appeals entitled to priority by
rule or statute.

B. Motion for
Expedited Consideration. By motion of any party, other appeals that involve
the constitutionality of any law, the public revenue, public health, or are
otherwise of general public concern or for other good cause, may be expedited
by order of the court.

Unless otherwise
provided, a current edition of a Uniform System of Citation (Bluebook) shall be
followed.

A. Citation to Cases. All
Indiana cases shall be cited by giving the title of the case followed by the
volume and page of the regional and official reporter (where both exist), the
court of disposition, and the year of the opinion, e.g., Callender v. State,
193 Ind. 91, 138 N.E. 817 (1922); Moran v. State, 644 N.E.2d 536 (Ind.
1994). If the case is not contained in the regional reporter, citation may be
made to the official reporter. Where both a regional and official citation
exist and pinpoint citations are appropriate, pinpoint citations to one of the
reporters shall be provided. Designation of disposition of petitions for
transfer shall be included, e.g., State ex rel. Mass Transp. Auth. of
Greater Indianapolis v. Indiana Revenue Bd., 144 Ind. App. 63, 242 N.E.2d
642 (1968), trans. denied by an evenly divided court 251 Ind. 607, 244
N.E.2d 111 (1969); Smith v. State, 717 N.E.2d 127 (Ind. Ct. App. 1999), trans.
denied.

B. Citations to
Indiana Statutes, Regulations, Court Rules, and County Local Court Rules.

1. Citations to Indiana statutes, administrative
materials, and court rules shall comply with the following citation format for
initial references and subsequent references:

INITIAL

SUBSEQUENT

Ind. Code § 34-1-1-1 (20 xx)

I.C. § 34-1-1-1

34 Ind. Admin. Code 12-5-1 (2004)

34 I.A.C. 12-5-1

29 Ind. Reg. 11 (Oct. 1, 2005)

29 I.R. 11

Ind. Trial Rule 56

T.R. 56

Ind. Crim. Rule 4(B)(1)

Crim. R. 4(B)(1)

Ind. Post-Conviction Rule 2(2)(b)

P-C.R. 2(2)(b)

Ind. Appellate Rule 8

App. R. 8

Ind. Original Action Rule 3(A)

Orig. Act. R. 3(A)

Ind. Child Support Rule 2

Child Supp. R. 2

Ind. Child Support Guideline 3(D)

Child Supp. G. 3(D)

Ind. Small Claims Rule 8(A)

S.C.R. 8(A)

Ind. Tax Court Rule 9

Tax Ct. R. 9

Ind. Administrative Rule 7(A)

Admin. R. 7(A)

Ind. Judicial Conduct Rule 2.1

Jud. Cond. R. 2.1

Ind. Professional Conduct Rule 6.1

Prof. Cond. R. 6.1

Ind. Alternative Dispute Resolution Rule 2

A.D.R. 2

Ind. Admission and Discipline Rule 23(2)(a)

Admis. Disc. R. (2)(a)

Ind. Evidence Rule 301

Evid. R. 301

Ind. Jury Rule 12

J.R. 12

Effective
July 1, 2006, the Indiana Administrative Code and the Indiana Register are
published electronically by the Indiana Legislative Services Agency. For
materials published in the Indiana Administrative Code and Indiana Register
prior to that date, use the citation forms set forth above. For materials
published after that date, reference to the appropriate URL is necessary for a
reader to locate the official versions of these materials. The following
citation format for initial references and subsequent references shall be used
for materials published in the Indiana Administrative Code and Indiana Register
on and after July 1, 2006:

Initial:
34 Ind. Admin. Code 12-5-1 (2006)

Subsequent:
34 I.A.C. 12-5-1

Initial:
Ind. Reg. LSA Doc. No. 05-0065 (July 26, 2006)

Subsequent:
I.R. 05-0065

2. Citations to County Local Court Rules adopted pursuant
to Ind. Trial Rule 81 shall be cited by giving the county followed by the
citation to the local rule, e.g. Adams LR01-TR3.1-1.

C. References to
the Record on Appeal. Any factual statement shall be supported by a
citation to the volume and page where it appears in an Appendix, and if not
contained in an Appendix, to the volume and page it appears in the Transcript
or exhibits, e.g., Appellant's App. Vol. II p.5; Tr. Vol. I, pp. 231-32. Any
record material cited in an appellate brief must be reproduced in an Appendix
or the Transcript or exhibits. Any record material cited in an appellate brief
that is also included in an Addendum to Brief should include a citation to the
Appendix or Transcript and to the Addendum to Brief.

D. References to
Parties. References to parties by such designations as “appellant” and
“appellee” shall be avoided. Instead, parties shall be referred to by their
names, or by descriptive terms such as “the employee,” “the injured person,”
“the taxpayer,” or “the school.”

A. Time for
Filing. Documents exempted from E-Filing under Rule 68 will be deemed filed
with the Clerk when they are:

(1) personally delivered to the Clerk (which, when the
Clerk's Office is open for business, shall mean personally tendering the papers
to the Clerk or the Clerk's designee; and at all other times (unless the Clerk
specifies otherwise) shall mean properly depositing the papers into the
"rotunda filing drop box" located in the vestibule of the east
second-floor entrance to the State House);

(2) deposited in the United States Mail, postage prepaid,
properly addressed to the Clerk; or

(3) deposited with any third-party commercial carrier for
delivery to the Clerk within three (3) calendar days, cost prepaid, properly
addressed.

Documents not exempted
from E-Filing under Rule 68 will be deemed E-Filed with the Clerk, subject to
payment of all applicable fees, on the date and time reflected in the Notice of
Electronic Filing. See Appellate Rule 68(I).

B. Clerk's Functions.
All functions performed by the Clerk are ministerial and not discretionary. The
court retains the authority to determine compliance with these Rules.

C. Documents Tendered
with Motions Seeking Leave to File. When a document tendered with a motion
is ordered filed by the Court, any time limit for a response to that document
shall run from the date on which the document is filed.

D. Received but
not Filed. When the Clerk accepts any document as received but not filed,
any time limit for response or reply to that document shall run from the date
on which the document is filed. The Clerk shall notify all parties of the date
on which any received document is subsequently filed.

E. Signature Required.
Every motion, petition, brief, appendix, acknowledgment, notice, response,
reply, or appearance must be signed by at least one [1] attorney of record in
the attorney's individual name, whose name, address, telephone number, and
attorney number shall also be typed or printed legibly below the signature. If
a party or amicus is not represented by an attorney, then the party or amicus
shall sign such documents and type or print legibly the party or amicus's name,
address, and telephone number. The signing of the verification of accuracy
required by Rule 50(A)(2)(i) or 50(B)(1)(f) satisfies this requirement for
appendices. E-Filed documents submitted through the IEFS shall comply with Rule
68(H).

F. Confidentiality
of Court Records on Appeal.

(1) Court Records are accessible to the public, except as
provided in Administrative Rule 9(G).

(2) If a Court Record was excluded from Public Access in
the trial court in accordance with Administrative Rule 9(G), the Court Record
shall remain excluded from Public Access on appeal unless the Court on Appeal
determines the conditions in Administrative Rule 9(G)(7) are satisfied.

(3) Procedures for Excluding Court Records from Public
Access on Appeal. Any Court Record excluded from Public Access on appeal must
be filed in accordance with the following procedures:

(a) Notice to maintain exclusion from Public Access.

(i) In cases where the Court Record is excluded from Public Access
pursuant to Administrative Rule 9(G)(2), 9(G)(3), or 9(G)(4), the party or
person submitting the confidential record must provide the separate written
notice required by Administrative Rule 9(G)(5)(a) identifying the specific
9(G)(2) or 9(G)(3) ground(s) upon which exclusion is based. (See Form # App.R.
11-5).

(ii) In cases where all Court Records are excluded from Public Access in
accordance with Administrative Rule 9(G)(1), no notice of exclusion from Public
Access is required.

(b) Public Access and Non-Public Access Versions. Where only a portion
of the Court Record has been excluded from Public Access pursuant to
Administrative Rule 9(G)(2) or 9(G)(3), the following requirements apply:

(i) Public
Access Version.

a. If an appellate filing contains confidential Court Records to be
excluded from Public Access, the confidential Court Record shall be omitted or
redacted from this version.

b. The omission or redaction shall be indicated at the place it occurs in
the Public Access version. If multiple pages are omitted, a separate place
keeper insert must be inserted for each omitted page to keep PDF page numbering
consistent throughout.

c. If the entire document is to be excluded from Public Access, the
Administrative Rule 9(G)(5)(a) Notice filed with the document will serve as the
Public Access Version.

(ii)
Non-Public Access Version.

a. If the omitted or redacted Court Record is not necessary to the
disposition of the case on appeal, the excluded Court Record need not be filed
or tendered in any form and only the Public Access version is required. The
Administrative Rule 9(G)(5)(a) Notice should indicate this fact. (See Form #
App.R. 11-6).

b. If the omitted or redacted Court Record is necessary to the
disposition of the case, the excluded Court Record must be separately filed or
tendered as follows.

1. The first page of the Non-Public Access Version should be
conspicuously marked “Not for Public Access” or “Confidential,” with the
caption and number of the case clearly designated.

2. The separately filed Non-Public Access version shall consist of a
complete, consecutively paginated replication including both the Public Access
material and the Non-Public Access material.

3. Use of green paper is abolished for E-Filing. Pages in the
Non-Public Access version containing Court Records that are excluded from
Public Access shall instead be identified with a header, label, or stamp that
states, “CONFIDENTIAL PER A.R. 9(G)” or “EXCLUDED FROM PUBLIC ACCESS PER A.R.
9(G).”

(iii) The requirements in Rule 23(F)(3)(b) do not apply to cases in which
all Court Records are excluded from Public Access pursuant to Administrative
Rule 9(G)(1).

(4) E-Filing document security codes settings.

(a) Where only a portion of the Court Record has been excluded from
Public Access pursuant to Administrative Rule 9(G)(2) or 9(G)(3), the E-Filing
document security codes setting for the Public Access Version shall be “Public
Document.”

(b) Where only a portion of the Court Record has been excluded from
Public Access pursuant to Administrative Rule 9(G)(2) or 9(G)(3), the E-Filing
document security codes setting for the Non-Public Access Version shall be
“Confidential document under Admin. Rule 9.”

(c) In cases in which all Court Records are excluded from Public Access
pursuant to Administrative Rule 9(G)(1), the E-Filing document security codes
setting shall be “Confidential document under Admin. Rule 9.”

(1) Notice
of Appeal. A party filing a Notice of Appeal shall contemporaneously serve
a copy upon:

(a) all parties of record in the trial court or
Administrative Agency;

(b) the clerk of the trial court or Administrative
Agency;

(c) the Court Reporter; and also serve the Court
Reporter by electronic transmission;

(d) any persons identified in Rule 14.1, if applicable;

(e) the Attorney General in all Criminal Appeals and
any appeals from a final judgment declaring a state statute unconstitutional in
whole or in part;

(f) the judge of the trial court or hearing officer of
an Administrative Agency before whom the case was heard; and,

(g) any other persons required by statute to be served.

(See
Form # App.R. 9-1).

(2) Documents
filed in the fifteen (15) day period following the filing of Notice of Appeal.
A party filing any document in the fifteen (15) day period after a Notice of
Appeal is filed shall contemporaneously serve a copy upon:

(a) all parties of record in the trial court or
Administrative Agency;

(b) all parties of record who have filed a Notice of
Appeal or an appearance with the Clerk;

(c) any persons seeking party status, and,

(d) any persons required by statute to be served.

(3) Other
documents. Unless otherwise provided by these Rules, all other documents
tendered to the Clerk for filing must contemporaneously be served upon:

(a) all parties of record who have filed a Notice of
Appeal or an appearance with the Clerk;

(b) any persons seeking party status; and,

(c) any persons required by statute to be served.

(4) Appendix
in Criminal Appeals. In criminal appeals only, any Appendix or Supplemental
Appendix that is conventionally filed need not be served on the Attorney
General. Appendices or Supplemental Appendices that are E-Filed in criminal
appeals, however, shall be served on the Attorney General.

B. Time for
Service. A party shall serve a document no later than the date the document
is filed or received for filing.

C. Manner and
Date of Service. All E-Filed documents will be deemed served when they are
electronically served through the IEFS in accordance with Rule 68(F)(I).
Documents exempted from E-Service will be deemed served when they are:

(1) personally delivered;

(2) deposited in the United States Mail, postage prepaid,
properly addressed; or

Parties appealing pursuant to Rule 14.1 must comply with the
additional requirements found in that Rule.

D. Certificate of
Service.

(1) Content.
Anyone tendering a document to the Clerk for filing shall:

(a) certify that service has been made;

(b) specifically list the persons served by name;

(c) specify the date and means of service;

(d) include any information required by Rule 14.1, if
applicable; and,

(e) if the document is a Notice of Appeal, certify the
date on which the Notice of Appeal was filed with the Clerk. (See Form # App.R.
9-1).

(2) Placement.
The certificate of service shall be placed at the end of the document and shall
not be separately filed. The separate filing of a certificate of service, however,
shall not be grounds for rejecting a document for filing.

A. Non-Business
and Business Days. For purposes of this rule, a non- business day shall
mean a Saturday, a Sunday, a legal holiday as defined by state statute, or a
day the Office of the Clerk is closed during regular business hours. A business
day shall mean all other days.

B. Counting Days.
In computing any period of time allowed by these Rules, by order of the court,
or by any applicable statute, the day of the act, event, or default from which
the designated period of time begins to run shall not be included. The last day
of the period so computed is to be included unless it is a non-business day. If
the last day is a non-business day, the period runs until the end of the next
business day. When the time allowed is less than seven (7) days, all
non-business days shall be excluded from the computation.

C. Extension of
Time When Served by Mail or Carrier. When a party serves a document by mail
or third-party commercial carrier, the time period for filing any response or
reply to the document shall be extended automatically for an additional three
(3) calendar days from the date of deposit in the mail or with the carrier.
This Rule does not extend any time period that is not triggered by a party's
service of a document, such as the time for filing a Petition for Rehearing or
a Petition to Transfer, nor does it extend any time period when service is made
by E-Service pursuant to Rule 68(F)(1).

A. Transmission of
Orders, Opinions, and Notices to Parties Not Exempted from E-Filing. The
Clerk shall electronically transmit orders, opinions, and notices to all
parties represented by attorneys of record who are not exempted pursuant to
Rule 68(c)(2) from the requirement that they file electronically.

B. Transmission of
Orders, Opinions, and Notices to Parties Exempted from E-Filing. The Clerk
shall transmit orders, opinions, and notices by regular U.S. mail or personal
delivery to parties and attorneys exempted from the requirement that they file
electronically, see Rule 68(C)(2), unless the party or attorney requests FAX
transmission. A request to receive FAX transmission must be in writing, provide
the FAX number at which transmission is to be made, and be signed by exempted
party or attorney making the request.

C. Clerk’s
Functions. When transmission is made by FAX, the Clerk shall retain the
machine-generated transmission log as a record of transmission. The Clerk may,
without notice, discontinue FAX transmission if the Clerk determines FAX transmission
is not practicable.

The Record on Appeal
shall consist of the Clerk's Record and all proceedings before the trial court
or Administrative Agency, whether or not transcribed or transmitted to the
Court on Appeal. Any provision of these Rules regarding preparation of the
Record on Appeal may be enforced by order of the Court on Appeal. The Record of
Proceedings is abolished.

B. Certification.
The Court Reporter shall certify the Transcript is correct. The Court Reporter’s certification shall be the last page
of the last volume of the Transcript, signed by the Court Reporter in
accordance with Appendix A.

C. Submission of
Electronic Transcript.

(1) Following certification of the Transcript, the
Court Reporter shall submit the electronic Transcript using one of the
following methods:

(a) Submission by
E-Filing. If e-filing is required in the trial court by Trial Rule 86(D)(1)
and the documentary exhibits are in electronic form, then the Court Reporter
shall transmit the electronic Transcript to the trial court clerk through the
IEFS.

(b) Submission on Physical
Media. If the Transcript is not submitted by e-filing, then the Court
Reporter shall seal two (2) copies of the Transcript in an envelope or package
bearing the trial court case number and marked “Transcript.” The envelope or
package containing the electronic Transcript copies shall be filied with the
trial court clerk in accordance with Rule 11. The Court Reporter shall also retain
a copy of the electronic Transcript.

(2) The separate Exhibit volume(s) and photographic
reproductions of oversized exhibits (if included pursuant to Rule 29(C)) shall
be filed with the trial court clerk in accordance with Rule 11.

D. Technical
Standards.The Court Reporter shall prepare the
electronic Transcript pursuant to the technical standards set forth in Appendix
A of these rules.

E. Processing and Transmission of Electronic Transcript
by Clerk.

(1) If the electronic Transcript
is submitted by E-Filing, the trial court clerk shall enter the date of
submission on the Chronological Case Summary and shall transmit the electronic
Transcript to the Clerk through the IEFS.

(2) If the electronic Transcript
is submitted on Physical Media, the trial court clerk shall file stamp the
envelope that will be used to store the electronic data storage device; the
original envelope submitted by the Court Reporter may be used for this purpose,
if appropriate. The trial court clerk shall then transmit one (1) copy
of the electronic Transcript to the Clerk either through the IEFS or by
personal delivery, U.S. mail, or third-party commercial carrier.

(3) The trial court clerk shall retain
the second copy of the electronic Transcript and store the electronic records
in conformity with Administrative Rule 6.

F. Court Records
Excluded by Administrative Rule 9(G).

(1) In
cases where all of the Court Records are excluded from Public Access pursuant
to Administrative Rule 9(G)(1), the Transcript shall be excluded from Public
Access.

(2)
If, during the hearing or trial a party or person identified any exhibit or
oral statement(s) to be excluded from Public Access, the Court Reporter must
comply with the requirements of Appellate Rule 23(F) with regard to the exhibit
or statement(s) and must note in the Transcript the specific Administrative 9(G)(2)
or 9(G)(3) ground(s) identified by the party or person.

(3)
Additionally, until the time the Transcript is transmitted to the Court on
Appeal, any party or person may file written notice with the Trial Court
identifying:

(a) the exhibit or Transcript page and line number(s)
containing any Court Record to be excluded from Public Access; and

(b) the specific Administrative Rule 9(G)(2) or 9(G)(3)
grounds upon which that exclusion is based. (See Form #App.R. 11-3).

This written notice must
be served on the Court Reporter and, upon receipt of the written notice, the
Court Reporter must refile the Transcript in compliance with the requirements
of Appellate Rule 23(F) and must note in the Transcript the specific
Administrative Rule 9(G)(2) or 9(G)(3) grounds(s) identified by a party or
person.

(4)
After the Transcript has been transmitted to the Court on Appeal, any request
by a party or person to exclude a Court Record in the Transcript from Public
Access must be made to the Court on Appeal and must contain the specific
Administrative Rule 9(G)(2) or 9(G)(3) ground(s) upon which that exclusion is
based. Upon receipt of an order from the Court on Appeal, the Court Reporter
must re-file the Transcript in compliance with the requirements of Appellate
Rule 23(F).

A. Documentary
Exhibits. Documentary exhibits, including testimony in written form filed
in Administrative Agency proceedings and photographs, shall be included in
separate volumes that conform to the requirements of Appendix A(1), (2)(a),
(11), (12), and (14). The Court Reporter shall also prepare an index of the exhibits
contained in the separate volumes, and that index will be placed at the front
of the first volume of exhibits. Documentary exhibit volumes may be submitted
in either electronic or paper format. Documentary exhibit volumes submitted in
electronic format shall additionally conform to the requirements of Appendix
A(15)-(19). The documentary exhibit volumes shall be transmitted to the Clerk
with the electronic Transcript, using the same method of transmission as the
electronic Transcript.

B. Audio and Video Recordings. Exhibits in the
form of audio or video recordings shall be separately submitted to the Clerk on
CD, DVD, flash drive, or other physical media at the same time as the Transcript
and documentary exhibits are filed.

C. Nondocumentary
and Oversized Exhibits. Nondocumentary and oversized exhibits shall not be
sent to the Court, but shall remain in the custody of the trial court or
Administrative Agency during the appeal. Such exhibits shall be briefly
identified in the Transcript where they were admitted into evidence.
Photographs of any exhibit may be included in the volume of documentary
exhibits.

D. Administrative Rule
9(G). If an exhibit was accompanied by the separate written notice
required by Administrative Rule 9(G)(5)(a)(i)(b), the Court Reporter must
comply with the requirements of Appellate Rule 23(F) when the exhibit is
thereafter filed with the Trial Court Clerk.

A. Party's
Statement of Evidence. If no Transcript of all or part of the evidence is
available, a party or the party's attorney may prepare a verified statement of
the evidence from the best available sources, which may include the party's or
the attorney's recollection. The party shall then file a motion to certify the
statement of evidence with the trial court or Administrative Agency. The
statement of evidence shall be submitted with the motion.

B. Response.
Any party may file a verified response to the proposed statement of evidence
within fifteen (15) days after service.

C. Certification
by Trial Court or Administrative Agency. Except as provided in Section D
below, the trial court or Administrative Agency shall, after a hearing, if
necessary, certify a statement of the evidence, making any necessary
modifications to statements proposed by the parties. The certified statement of
the evidence shall become part of the Clerk's Record.

D. Controversy
Regarding Action of Trial Court Judge or Administrative Officer. If the
statements or conduct of the trial court judge or administrative officer are in
controversy, and the trial court judge or administrative officer refuses to
certify the moving party's statement of evidence, the trial court judge or
administrative officer shall file an affidavit setting forth his or her
recollection of the disputed statements or conduct. All verified statements of
the evidence and affidavits shall become part of the Clerk's Record.

A. Submission of
Disagreement Regarding Contents to Trial Court or Administrative Agency. If
a disagreement arises as to whether the Clerk's Record or Transcript accurately
discloses what occurred in the trial court or the Administrative Agency, any
party may move the trial court or the Administrative Agency to resolve the
disagreement. The trial court retains jurisdiction to correct or modify the
Clerk's Record or Transcript at any time before the reply brief is due to be
filed. After that time, the movant must request leave of the Court on Appeal to
correct or modify the Clerk's Record or Transcript. The trial court or
Administrative Agency shall issue an order, which shall become part of the
Clerk's Record, that either:

(1) confirms that the Clerk's Record or Transcript reflects
what actually occurred; or

(2) corrects the Clerk's Record or Transcript, including the
chronological case summary if necessary; to reflect what actually occurred.

B. Transmission of
Order. The trial court clerk shall transmit to the Court on Appeal:

(1) the trial court's order or order of an Administrative
Agency and any corrections to the Clerk's Record; and

(2) any corrections to the Transcript by means of a supplemental
Transcript. See Rule 9(G). The title of any corrected Transcript shall indicate
that it is a corrected Transcript.

A. Applicability.
The procedure in this Rule may be used only by the agreement of all the parties
that the issues presented by the appeal are capable of resolution without
reference to a Clerk's Record or Transcript.

B. Content.
The agreed statement of the record shall set forth only so many of the facts
proved or sought to be proved as are essential to a decision of the questions
by the Court on Appeal. The agreed statement shall include:

(1) a copy of the appealed judgment or order;

(2) a copy of the Notice of Appeal with its filing date;

(3) a statement of how the issues arose in the trial court
or Administrative Agency; and

(4) the signatures of all parties or their attorneys.

C. Certification
by Trial Court or Administrative Agency. The parties shall submit the
agreed statement of the record to the trial court or the Administrative Agency,
which shall certify it if it is accurate and adequate for resolution of the
issues presented by the appeal. The trial court may amend or supplement the
agreed statement with the consent of all parties before certification.

D. Transmission to
the Court on Appeal. The agreed statement of the record shall be a part of
the Clerk's Record. The appellant shall include the agreed statement of the
record in an Appendix to the appellant's brief. See Rule 50.

E. Extensions of
Time. Use of this procedure does not automatically extend any appellate
deadline, but extensions of time may be sought under Rule 35.

A. Use of Motion.
Unless a statute or these Rules provide another form of application, a request
for an order or for other relief shall be made by filing a motion.

B. Motions Subject
to Decision Without Response. The Court will not await a response before
ruling on the following motions:

(1) to extend time;

(2) to file an oversize Petition, brief or motion;

(3) to withdraw appearance;

(4) to substitute a party; and

(5) to withdraw the record.

The Court will consider
any responses filed before it rules on the motion. A response filed after
ruling on the motion will automatically be treated as a motion to reconsider;
any party may file a motion to reconsider a decision on a motion described in
this Section within ten (10) days after the Court's ruling on the motion.

C. Response.
Any party may file a response to a motion within fifteen (15) days after the
motion is served. The fact that no response is filed does not affect the
Court's discretion in ruling on the motion.

D. Reply. The
movant may not file a reply to a response without leave of the Court. Any reply
must be filed with the motion for leave, and tendered within five (5) days of
service of the response.

E. Content of
Motions, Responses and Replies. Except for the motions listed in Rule
34(B), a motion, response, or reply shall contain the following, but headings
are not required:

(1) Statement of Grounds.
A statement particularizing the grounds on which the motion, response, or reply
is based;

(2) Statement of
Supporting Facts. The specific facts supporting those grounds, including
page citation to the Clerk's Record or Transcript or other supporting material;

(3) Statement of
Supporting Law. All supporting legal arguments, including citation to
authority;

(4) Other Required
Matters. Any matter specifically required by a Rule governing the motion;
and

(5) Request for Relief.
A specific and clear statement of the relief sought.

F. Verification
of Facts Outside the Record on Appeal. When the motion, response, or reply
relies on facts not contained in materials that have been filed with the Clerk,
the motion, response, or reply shall be verified and/or accompanied by
affidavits or certified copies of documents filed with the trial court clerk or
Administrative Agency.

(2) Length. Unless the Court provides otherwise, a
motion or a response shall not exceed ten (10) pages or 4,200 words, and
replies shall not exceed five (5) pages or 2,100 words. If the document exceeds
the page limit, it must contain a word count certificate in compliance with
Rule 44(F).

H. Oral Argument.
Ordinarily oral argument will not be heard on any motion.

A. Time for
Filing. Any motion for an extension of time shall be filed at least seven
(7) days before the expiration of time unless the movant was not then aware of
the facts on which the motion is based. No motion for an extension of time
shall be filed after the time for doing the act expires.

B. Content.

(1) Required in All Motions. All motions shall be
verified and state

(a) The date of the appealed judgment or order.

(b) The date any motion to correct error was ruled on or
deemed denied.

(c) The date the Notice of Appeal was filed.

(d) The time period that is sought to be extended, and the
event which triggered it.

(e) The date the act is to be done, how that date was
established, including, if relevant, the means of service, whether the current
due date is pursuant to a previous extension of time, and if so, whether final.

(f) The due date requested. This
date shall be a business day as defined by Rule 25.

(g) The reason, in spite of
the exercise of due diligence shown, for requesting the extension of time,
including, but not limited to, the following:

(i) Engagement in other
litigation, provided such litigation is identified by caption, number and
court;

(ii) The matter under appeal
is so complex that an adequate brief cannot reasonably be prepared by the date
the brief is due; or

(iii) Hardship to counsel will
result unless an extension is granted, in which event the nature of the
hardship must be set forth.

(h) If the motion is filed
within seven (7) days before the expiration of time, the reasons why counsel
was unaware of the need for the extension.

(2) Criminal Appeals. A motion in a Criminal Appeal
shall also state, if applicable:

(a) the date the trial court granted permission to file a
belated Notice of Appeal or a belated motion to correct error;

(b) the date of sentencing;

(c) the sentence imposed; and

(d) a concise statement of the status of the case, including
whether the defendant has been released on bond, and whether the defendant has
been incarcerated.

C. Proceedings in
Which Extensions are Prohibited. No motion for extension of time shall be
granted to file a Petition for Rehearing, a Petition to Transfer to the Supreme
Court, any brief supporting or responding to such Petitions, or in appeals
involving termination of parental rights.

D. Restrictions on
Extensions. Motions for extension of time in appeals involving worker's
compensation, issues of child custody, support, visitation, paternity,
adoption, and determination that a child is in need of services shall be
granted only in extraordinary circumstances.

A. Content of
Motion. At any time after the Court on Appeal obtains jurisdiction, any
party may file a motion requesting that the appeal be dismissed without
prejudice or temporarily stayed and the case remanded to the trial court or
Administrative Agency for further proceedings. The motion must be verified and
demonstrate that remand will promote judicial economy or is otherwise necessary
for the administration of justice.

B. Effect of Remand.
The Court on Appeal may dismiss the appeal without prejudice, and remand the
case to the trial court, or remand the case while retaining jurisdiction, with
or without limitation on the trial court's authority. Unless the order
specifically provides otherwise, the trial court or Administrative Agency shall
obtain unlimited authority on remand.

A. Cases
Consolidated at Trial or Hearing. When two (2) or more actions have been
consolidated for trial or hearing in the trial court or Administrative Agency,
they shall remain consolidated on appeal. If any party believes that the appeal
should not remain consolidated, that party may file a motion to sever the
consolidated appeal within thirty (30) days after the first Notice of Appeal is
filed.

B. Cases
Consolidated on Appeal. Where there is more than one (1) appeal from the
same order or judgment or where two (2) or more appeals involve a common
question of law or fact, the Court on Appeal may order a consolidation of the
appeals upon its own motion, or upon the motion of any party.

A. Effect of
Appeal. An appeal does not stay the effect or enforceability of a judgment
or order of a trial court or Administrative Agency unless the trial court,
Administrative Agency or Court on Appeal otherwise orders.

B. Motion in Trial
Court or Administrative Agency. Except as provided in (C)(2)(b), a motion
for stay pending appeal may not be filed in the Court on Appeal unless a motion
for stay was filed and denied by the trial court or by the Administrative
Agency if it has authority to grant a stay. If the Administrative Agency does
not have such authority, application for stay may be made directly to the Court
on Appeal.

C. Motion in
Court on Appeal. A motion for a stay pending appeal in the Court on Appeal
shall contain certified or verified copies of the following:

(1) the judgment or order to be stayed;

(2) the order denying the motion for stayor
a verified showing that (a) the trial court or Administrative Agency has failed
to rule on the motion within a reasonable time in light of the circumstances
and relief requested; or (b) extraordinary circumstances exist which excuse the
filing of a motion to stay in the trial court or Administrative Agency
altogether;

(3) other parts of the Clerk's Record or Transcript that are
relevant;

(4) an attorney certificate evidencing the date, time, place
and method of service made upon all other parties; and

(5) an attorney certificate setting forth in detail why all
other parties should not be heard prior to the granting of said stay.

D. Emergency
Stays. If an emergency stay without notice is requested, the moving party
shall submit:

(1) an affidavit setting forth specific facts clearly
establishing that immediate and irreparable injury, loss, or damage will result
to the moving party before all other parties can be heard in opposition;

(2) a certificate from the attorney for the moving party
setting forth in detail the efforts, if any, which have been made to give
notice to the other parties and the reasons supporting his claim that notice
should not be required; and

(3) a proposed order setting forth the remedy being
requested.

E. Bond. If a
stay is granted, the Court on Appeal may fix bond in accordance with Rule 18.

F. Length of
Stay. Unless otherwise ordered, a stay shall remain in effect until the
appeal is disposed of in the Court on Appeal. Any party may move for relief
from the stay at any time.

(1) Prior Authorization by the Trial Court. A party
who has been permitted to proceed in the trial court informa
pauperis may proceed on appeal informa pauperis without
further authorization from the trial court or Court on Appeal. See Rule 9(E).

(2) Motion to the Trial Court. Any other party in a
trial court who desires to proceed on appeal informa pauperis
shall file in the trial court a motion for leave to so proceed, together with
an affidavit conforming to Forms #App.R. 40-1, and #App.R. 40-2, showing in
detail the party's inability to pay fees or costs or to give security therefor,
the party's belief that the party is entitled to redress, and a statement of
the issues the party intends to present on appeal. If the trial court grants
the motion, the party may proceed without further motion to the Court on
Appeal. If the trial court denies the motion, the trial court shall state in a
written order the reasons for the denial.

(3) Revocation of Authorization by the Trial Court.
Before or after the Notice of Appeal is filed, the trial court may certify or
find that a party is no longer entitled to proceed in forma pauperis.
The trial court shall state in a written order the reasons for such
certification or finding.

(4) Motion to the Court on Appeal. If the trial court
denies a party authorization to proceed informa pauperis the
party may file a motion in the Court on Appeal for leave to so proceed within
fifteen (15) days of service of the trial court's order. See Form #App.R. 40-1.
The motion shall be accompanied by a copy of any affidavit supporting the
party's request filed in the trial court. If no affidavit was filed in the
trial court or if the affidavit filed in the trial court is no longer accurate,
the motion shall be accompanied by an affidavit conforming to Form #App.R. 40-2.
The motion shall be accompanied by a copy of the order setting forth the trial
court's reasons for denying the party informa pauperis status on
appeal.

B. Appeal From an
Administrative Agency. Any party to a proceeding before an Administrative
Agency who desires to proceed informa pauperis on appeal shall
file with the Court on Appeal a motion for leave to so proceed, together with
an affidavit conforming to Forms #App.R. 40-1 and #App.R.40-2, showing in
detail the party's inability to pay fees or costs or to give security therefor,
the party's belief that the party is entitled to redress, and a statement of
the issues the party intends to present on appeal.

C. Filings
Required in the Court on Appeal. With the first document a party proceeding
or desiring to proceed informa pauperis files in the Court on
Appeal, the party shall file with the Clerk:

A. Content. A
proposed amicus curiae shall file a motion to appear as an amicus
curiae. The motion shall identify the interest of the proposed amicus
curiae and the party with whom the proposed amicus curiae is
substantively aligned, and it shall state the reasons why an amicus curiae
brief would be helpful to the court.

B. Time for
Filing. The proposed amicus curiae shall file its motion to appear
within the time allowed the party with whom the proposed amicus curiae
is substantively aligned to file its brief or Petition. If an entity has been
granted leave to appear as an amicus curiae in a case before the Court
of Appeals or the Tax Court, that entity need not again seek leave to appear as
an amicus curiae in any continuation of that case before the Supreme
Court.

C. Tender of
Brief. The proposed amicus curiae shall tender its amicus curiae
brief by submitting it with its motion to appear as amicus curiae, except
that if an entity has been granted leave to appear as amicus curiae in a
case before the Court of Appeals or Tax Court, then that entity shall file any
briefing pertaining to a petition to transfer jurisdiction or for review to the
Supreme Court within the time allowed the party with whom the proposed amicus
curiae is substantively aligned.

D. Belated Filing.
The court may permit the belated filing of an amicus curiae brief on
motion for good cause. If the court grants the motion, the court shall set a
deadline for any opposing party to file a reply brief.

E. Amicus
Curiae Appendix and Addendum to Brief. An entity granted amicus
curiae status may not file an Appendix or Addendum to the Brief containing
documents that are not within the Record on Appeal unless leave to do so has
been first granted.

Upon motion made by a
party within the time to respond to a document, or if there is no response
permitted, within thirty (30) days after the service of the document upon it,
or at any time upon the court's own motion, the court may order stricken from
any document any redundant, immaterial, impertinent, scandalous or other
inappropriate matter.

A. Applicability.
This Rule governs the form of briefs, Petitions for Rehearing (Rule 54),
Petitions to Transfer to the Supreme Court (Rule 57), and Petitions for Review
of a Tax Court decision (Rule 63) by the Supreme Court.

B. Page Size.
The page size shall be 8 1/2 by 11 inches. Conventionally filed documents shall
use white paper of a weight normally used in printing and typing.

C. Production.
The document shall be produced in a neat and legible manner using black type.
It may be typewritten, printed or produced by a word processing system. For
conventionally filed documents, text shall appear on only one side of the
paper.

D. Print Size.
The font shall be Arial, Baskerville, Book Antiqua, Bookman, Bookman Old Style,
Century, Century Schoolbook, Courier, Courier New, CG Times, Garamond, Georgia,
New Baskerville, New Century Schoolbook, Palatino, or Times New Roman and the
typeface shall be 12-point or larger in both body text and footnotes.

E. Spacing.
All text shall be double-spaced except that footnotes, tables, charts, or
similar material and text that is blocked and indented shall be single-spaced.
Single-spaced lines shall be separated by at least 4-point spaces.

F. Numbering.
All pages of the brief, including the front page (see Rule 43(I)), table of
contents, and table of authorities, shall be consecutively numbered at the
bottom beginning with numeral one.

G. Margins.
All four margins for the text of the document shall be at least one (1) inch
from the edge of the page.

H. Page
Headers. Each page, except for the front page, of the document shall
contain a header that lists the name of the party(ies) filing the document and
the document name (e.g., “Brief of Appellant Acme Co.” or “Appellee John Doe’s
Brief in Response to Petition to Transfer”). The header shall be aligned at the
left margin of the document.

A. Applicability.
This Rule governs the length of briefs, Petitions for Rehearing, Petitions to
Transfer to the Supreme Court, and Petitions for Review of a Tax Court decision
by the Supreme Court.

B. Oversized
Brief. A motion requesting leave to file any oversized brief or Petition
shall be filed at least fifteen (15) days before the brief or Petition is due.
The motion shall state the total number of words requested, not pages.

C. Items Excluded
From Length Limits. The text of the following shall not be included in the
page or word length limits of this rule:

Cover information

Table of contents

Table of authorities

Signature block

Certificate of service

Word count certificate

Appealed judgment or
order of trial court or Administrative Agency, and items identified in Rule
46(A)(10).

Headings
and footnotes are included in the length limits.

D. Page Limits.
Unless a word count complying with Section E is provided, a brief or Petition
may not exceed the following number of pages:

Appellant's brief:
thirty (30) pages

Appellee's brief:
thirty (30) pages

Reply brief (except as
provided below): fifteen (15) pages

Reply brief with
cross-appellee's brief: thirty (30) pages

Brief of intervenor or
amicus curiae: fifteen (15) pages

Petition for Rehearing:
ten (10) pages

Brief in response to a
Petition for Rehearing: ten (10) pages

Petition to Transfer:
ten (10) pages

Brief in response to a
Petition seeking Transfer: ten (10) pages

Reply brief to brief in
response to a Petition seeking Transfer: three (3) pages

Brief of intervenor or
amicus curiae on transfer or rehearing: ten (10) pages

Petition for Review of
a Tax Court decision: thirty (30) pages

Brief in response to a
Petition for Review of a Tax Court decision: thirty (30) pages

Reply
brief to brief in response to a Petition for Review of a Tax Court decision:
fifteen (15) pages

E. Word Limits.
A brief or Petition exceeding the page limit of Section D may be filed if it
does not exceed, and the attorney or the unrepresented party preparing the
brief or Petition certifies that, including footnotes, it does not exceed, the
following number of words:

Appellant's
brief: 14,000 words

Appellee's
brief: 14,000 words

Reply
brief (except as provided below): 7,000 words

Reply
brief with cross-appellee's brief: 14,000 words

Brief of intervenor or
amicus curiae: 7,000 words

Petition for Rehearing:
4,200 words

Brief in response to a
petition for Rehearing: 4,200 words

Petition to Transfer:
4,200 words

Brief in response to a
Petition seeking Transfer: 4,200 words

Reply brief to brief in
response to a Petition seeking Transfer: 1,000 words

Brief of intervenor or
amicus curiae on transfer or rehearing: 4,200 words

Petition for Review of
a Tax Court decision: 14,000 words

Brief in response to a
Petition for Review of a Tax Court decision: 14,000 words

Reply
brief to brief in response to a Petition for Review of a Tax Court decision:
7,000 words

F. Form of Word
Count Certificate. The following are acceptable word count certifications:
“I verify that this brief (or Petition) contains no more than (applicable
limit) words,” and “I verify that this brief (or Petition) contains (actual
number) words.” The certification shall appear at the end of the brief or
Petition before the certificate of service. The attorney or the unrepresented
party certifying a word count may rely on the word count of the word processing
system used to prepare the brief or Petition.

A. Applicability.
This Rule applies to appeals from Final Judgments and interlocutory orders.
Filing deadlines relating to Petitions for Rehearing, to Transfer, and for
Review are governed by Rules 54, 57 and 63 respectively.

B. Filing
Deadlines.

(1) Appellant's Brief. The appellant's brief shall
be filed no later than thirty (30) days after:

(a) the date the trial court clerk or Administrative Agency serves
its Notice of Completion of Clerk's Record on the parties pursuant to Appellate
Rule 10(C) if the notice reports that the Transcript is complete or that no
Transcript has been requested; or

(b) in all other cases, the date the trial court clerk or
Administrative Agency serves its Notice of Completion of the Transcript on the
parties pursuant to Appellate Rule 10(D).

Rule 25(C), which
grants a three-day extension of time for service by mail or third-party
commercial carrier, does not extend the due date for filing the appellant’s
brief.

(2) Appellee's Brief. The appellee's brief shall be
filed no later than thirty (30) days after service of the appellant's brief.

(3) Appellant's Reply Brief; Cross-Appellee's Brief.
Any appellant's reply brief shall be filed no later than fifteen (15) days
after service of the appellee's brief. If the reply brief also serves as the
cross-appellee's brief, it shall be filed no later than thirty (30) days after
service of the appellee's brief.

(4) Cross-Appellant's Reply Brief. Any cross-appellant's
reply brief shall be filed no later than fifteen (15) days after service of the
appellant's reply brief.

C. Extensions of
Time. Motions for extensions of time to file any briefs are governed by
Rule 35.

D. Failure to File
Timely. The appellant's failure to file timely the appellant's brief may
subject the appeal to summary dismissal. The appellee's failure to file timely
the appellee's brief may result in reversal of the trial court or
Administrative Agency on the appellant's showing of prima facie error.

A. Appellant's
Brief. The appellant's brief shall contain the following sections under
separate headings and in the following order:

(1) Table of Contents. The table of contents shall
list each section of the brief, including the headings and subheadings of each
section and the page on which they begin.

(2) Table of Authorities. The table of authorities
shall list each case, statute, rule, and other authority cited in the brief,
with references to each page on which it is cited. The authorities shall be
listed alphabetically or numerically, as applicable.

(3) Statement of Supreme Court Jurisdiction. When an
appeal is taken directly to the Supreme Court, the brief shall include a brief
statement of the Supreme Court's jurisdiction to hear the direct appeal.

(4) Statement of Issues. This statement shall
concisely and particularly describe each issue presented for review.

(5) Statement of Case. This statement shall briefly
describe the nature of the case, the course of the proceedings relevant to the
issues presented for review, and the disposition of these issues by the trial
court or Administrative Agency. Page references to the Record on Appeal or
Appendix are required in accordance with Rule 22(C).

(6) Statement of Facts. This statement shall describe
the facts relevant to the issues presented for review but need not repeat what
is in the statement of the case.

(a) The facts shall be
supported by page references to the Record on Appeal or Appendix in accordance
with Rule 22(C).

(b) The facts shall be stated
in accordance with the standard of review appropriate to the judgment or order
being appealed.

(c) The statement shall be in
narrative form and shall not be a witness by witness summary of the testimony.

(d) In an appeal challenging
a ruling on a post-conviction relief petition, the statement may focus on facts
from the post-conviction relief proceeding rather than on facts relating to the
criminal conviction.

(7) Summary of Argument. The summary should contain a
succinct, clear, and accurate statement of the arguments made in the body of
the brief. It should not be a mere repetition of the argument headings.

(a) The argument must contain
the contentions of the appellant on the issues presented, supported by cogent
reasoning. Each contention must be supported by citations to the authorities,
statutes, and the Appendix or parts of the Record on Appeal relied on, in
accordance with Rule 22.

(b) The argument must include
for each issue a concise statement of the applicable standard of review; this
statement may appear in the discussion of each issue or under a separate
heading placed before the discussion of the issues. In addition, the argument
must include a brief statement of the procedural and substantive facts
necessary for consideration of the issues presented on appeal, including a
statement of how the issues relevant to the appeal were raised and resolved by
any Administrative Agency or trial court.

(c) Each argument shall have
an argument heading. If substantially the same issue is raised by more than one
asserted error, they may be grouped and supported by one argument.

(d) If the admissibility of
evidence is in dispute, citation shall be made to the pages of the Transcript
where the evidence was identified, offered, and received or rejected, in
conformity with Rule 22(C).

(e) When error is predicated
on the giving or refusing of any instruction, the instruction shall be set out
verbatim in the argument section of the brief with the verbatim objections, if
any, made thereto.

(9) Conclusion. The conclusion shall include a
precise statement of the relief sought and the signature of the attorney and pro
se party.

(10) Word
Count Certificate (if necessary). See Rule 44(F).

(11) Certificate of
Service. See Rule 24(D).

(12) Appealed Judgment or Order. Any appealed judgment
or order (including any written opinion, memorandum of decision or findings of
fact and conclusions thereon relating to the issues raised on appeal) shall be
submitted with the brief as a separate attachment. These documents shall be
contained within conventionally filed briefs.

B. Appellee's Brief.
The appellee's brief shall conform to Section A of this Rule, except as
follows:

(1) Agreement with Appellant's Statements. The
appellee's brief may omit the statement of Supreme Court jurisdiction, the
statement of issues, the statement of the case, and the statement of facts if
the appellee agrees with the statements in the appellant's brief. If any of
these statements is omitted, the brief shall state that the appellee agrees
with the appellant's statements.

(2) Argument. The argument shall address the
contentions raised in the appellant's argument.

(3) Rule 46(A)(12). Items listed in Rule 46(A)(12)
may be omitted.

C. Appellant's
Reply Brief. The appellant may file a reply brief responding to the
appellee's argument. No new issues shall be raised in the reply brief. The
reply brief shall contain a table of contents, table of authorities, summary of
argument, argument, conclusion, word count certificate, if needed, and
certificate of service. See Rule 24(D).

D. Cross-Appeals.

(1) Designation of Parties in Cross-Appeals. When
both parties have filed a Notice of Appeal, the plaintiff in the trial court or
Administrative Agency shall be deemed the appellant for the purpose of this
Rule, unless the parties otherwise agree or the court otherwise orders. When only
one party has filed a Notice of Appeal, that party is the appellant, even if
another party raises issues on cross-appeal.

(4) Cross-Appellant's Reply Brief. The
cross-appellant's reply brief may only respond to that part of the appellant's
reply brief addressing the appellee's cross-appeal.

(5) Scope of Reply Briefs. No new issues shall be
raised in a reply brief. A reply brief under this section shall contain a table
of contents, table of authorities, summary of argument, argument, conclusion,
word count certificate, if needed, and certificate of service. See Rule 24(D).

E. Brief of Amicus
Curiae.

(1) Preparation. An amicus curiae brief shall
include a table of contents, table of authorities, a brief statement of the
interest of the amicus curiae, summary of argument, argument,
conclusion, word count certificate, if needed, and certificate of service. See
Rule 24(D).

(2) Avoiding Repetition. Before completing the
preparation of an amicus curiae brief, counsel for an amicus curiae
shall attempt to ascertain the arguments that will be made in the brief of any
party whose position the amicus curiae is supporting to avoid repetition
or restatement of those arguments in the amicus curiae brief.

F. Appendix.
Appendices shall be separately submitted. See Rule 51.

G. Cases with
Multiple Appellants or Appellees. In cases involving more than one
appellant or appellee, including cases consolidated for appeal, each party may
file a separate brief, more than one party may join in any single brief, or a
party may adopt by reference any part of any brief of any party.

H. Addendum to
Brief. Any party or any entity granted amicus curiae status may
elect to file a separate Addendum to Brief. An Addendum to Brief is not
required and is not recommended in most cases. An Addendum to Brief is a highly
selective compilation of materials filed with a party's brief at the option of
the submitting party. If an Addendum to Brief is submitted, it must be filed
and served at the time of the filing and service of the brief it accompanies.
An Addendum to Brief may include, for example, copies of key documents from the
Clerk's Record or Appendix (such as contracts), or exhibits (such as
photographs or maps), or copies of critically important pages of testimony from
the Transcript, or full text copies of statutes, rules, regulations, etc. that
would be helpful to the Court on Appeal but which, for whatever reason, cannot
be conveniently or fully reproduced in the body of the brief. An Addendum to Brief
may not exceed fifty (50) pages in length and should ordinarily be much shorter
in length. The Addendum to Brief shall have a front page that is styled
similarly to the brief it accompanies (see Form App. 43-1), except that it
shall be clearly identified as an Addendum to Brief, and the first document in
the Addendum to Brief shall be a table of contents. An Addendum to Brief may
not contain argument. All pages of the Addendum to Brief, including the front
page (see Rule 43(I)) and table of contents, shall be consecutively numbered at
the bottom beginning with numeral one; however, the front page, table of
contents, and certificate of service shall not be included in the fifty (50)
page length limit of this rule.

On motion for good cause,
the Court may grant leave for a party to file an amended brief or Petition. The
motion shall describe the nature of and reason for the amended brief or
Petition. The movant shall tender with the motion the amended brief or Petition
titled as such on the front page. Except as the Court otherwise provides, the filing
of an amended brief or Petition has no effect on any filing deadlines.

When pertinent and
significant authorities come to the attention of a party after the party's
brief or Petition has been filed, or after oral argument but before decision, a
party may promptly file with the Clerk a notice of those authorities setting
forth the citations. There shall be a reference either to the page of the brief
or to a point argued orally to which the citations pertain, with a
parenthetical or a single sentence explaining the authority.

A. Time for
Filing. The appellant shall file its Appendix on or before the date on
which the appellant's brief is filed. The appellee shall file its Appendix, if
any, with its appellee's brief. Any party may file a supplemental Appendix
without leave of court until the final reply brief is filed. If an appeal is
dismissed before an Appendix has been filed and transfer or rehearing is
thereafter sought, an Appendix may be filed contemporaneously with the Petition
for Rehearing or Transfer and the Briefs in Response.

B. Failure to
Include Item. Any party's failure to include any item in an Appendix shall
not waive any issue or argument.

A. Appendices in
Civil Appeals and Appeals from Administrative Agencies.

(1) Purpose. The purpose of an Appendix in civil
appeals and appeals from Administrative Agencies is to present the Court with
copies of only those parts of the Record on Appeal that are necessary for the
Court to decide the issues presented.

(2) Contents of Appellant's Appendix. The appellant's
Appendix shall contain a table of contents and copies of the following documents,
if they exist:

(a) the chronological case
summary for the trial court or Administrative Agency;

(b) the appealed judgment or
order, including any written opinion, memorandum of decision, or findings of
fact and conclusions thereon relating to the issues raised on appeal;

(c) the jury verdict;

(d) [Deleted, eff. January 1,
2011]

(e) any instruction not
included in appellant's brief under Rule 46(A)(8)(e), when error is predicated
on the giving or refusing of the instruction;

(f) pleadings and other
documents from the Clerk's Record in chronological order that are necessary for
resolution of the issues raised on appeal;

(g) any other short excerpts
from the Record on Appeal, in chronological order, such as essential portions
of a contract or pertinent pictures, that are important to a consideration of
the issues raised on appeal;

(h) any record material
relied on in the brief unless the material is already included in the
Transcript;

(i) a verification of
accuracy by the attorney or unrepresented party filing the Appendix. The
following is an acceptable verification:

“I verify under penalties of perjury
that the documents in this Appendix are accurate copies of parts of the Record
on Appeal.”

(3) Appellee's Appendix. The contents of the appellee's
Appendix shall be governed by Section (A)(2) of this Rule, but the appellee's
Appendix shall not contain any materials already contained in appellant's
Appendix, unless necessary for completeness or context. The Appendix may
contain additional items that are relevant to either issues raised on appeal or
on cross-appeal.

B. Appendices in
Criminal Appeals.

(1) Contents of Appellant's Appendix. The
appellant's Appendix in a Criminal Appeal shall contain a table of contents and
copies of the following documents, if they exist:

(a) the Clerk's Record, including the chronological case
summary;

(b) [Deleted, eff. January 1, 2011]

(c) any instruction not included in appellant's brief under
Rule 46(A)(8)(e) when error is predicated on the giving or refusing of the
instruction;

(d) any other short excerpts from the Record on Appeal, in
chronological order, such as pertinent pictures, that are important to a
consideration of the issues raised on appeal;

(e) any record material relied on in the brief unless the material
is already included in the Transcript;

(f) a verification of accuracy by the attorney or
unrepresented party filing the Appendix. The following is an acceptable
verification:

“I verify under penalties of perjury
that the documents in this Appendix are accurate copies of parts of the Record
on Appeal.”

(2) Appellee's Appendix. The contents of the
appellee's Appendix shall be governed by Section (A)(2) of this Rule, but the
appellee's Appendix shall not contain any materials already contained in appellant's
Appendix, unless necessary for completeness or context. The Appendix may
contain additional items that are relevant to either issues raised on appeal or
on cross-appeal.

C. Table of
Contents. A table of contents shall be prepared for every Appendix. The
table of contents shall specifically identify each item contained in the
Appendix, including the item's date.

D. Supplemental and
Other Appendices. All supplemental and any other appendices shall be
governed, to the extent applicable, by Sections A, B, C, E, and F, and shall
not duplicate materials contained in other appendices, unless necessary for
completeness or context.

E. Cases with
Multiple Appellants or Appellees. In cases involving more than one
appellant or appellee, including cases consolidated for appeal, each side
shall, where practicable, file joint rather than separate appendices to avoid
duplication.

F. Transcript.
Because the Transcript is transmitted to the Court on Appeal pursuant to Rule
12(B), parties should not reproduce any portion of the Transcript in the
Appendix.

A. Copying. For
conventionally filed appendices, the copies shall be on 8 1/2 by 11 inch white
paper of a weight normally used in printing and typing. The copying process
used shall produce text in a distinct black image on only one side of the
paper. Color copies of exhibits that were originally in color are permitted and
encouraged.

B. Order of
Documents. Documents included in an Appendix shall be arranged in the order
listed in Rule 50.

C. Numbering.
Each Appendix volume shall be independently and consecutively numbered at the
bottom without obscuring the page numbers existing on the original documents.
Each volume shall begin with numeral one on its front page.

D. Volumes. All
Appendices shall be submitted separately from the brief. An Appendix shall
consist of a table of contents (see Rule 51(F)) and one or more additional
volumes, and each Appendix volume must be limited in size to the lesser of two
hundred fifty (250) pages or 20 megabytes (20 MB). The front page shall be
included in the two hundred fifty (250) page limit of this rule. Conventionally
filed volumes shall be bound with single staple or binder clip. They shall not
be bound in book or pamphlet form.

E. Front Page.
Each volume of an Appendix shall have a front page that conforms substantially
to Form #App.R. 51-1.

F. Table of
Contents. An Appendix shall contain a single table of contents for the
entire Appendix, which shall be submitted as Appendix Volume 1, regardless of
the number of volumes.

A. Court's
Discretion. The Court may, in its discretion, set oral argument on its own
or a party's motion. If the Court sets oral argument in a Criminal Appeal, the
Clerk shall send the order setting oral argument to the parties and to the
prosecuting attorney whose office represented the state at trial.

B. Time for Filing
Motion for Oral Argument. A party's motion for oral argument shall be filed
no later than seven days after: (1) any reply brief would be due under Rule
45(B), or (2) any reply brief would be due under Rule 57(E) if petitioning to
transfer, or (3) any reply brief would be due under Rule 63(E), if petitioning
for review.

C. Acknowledgment
of Order Setting Oral Argument. Counsel of record and unrepresented parties
shall file with the Clerk an acknowledgment of the order setting oral argument
no later than fifteen (15) days after service of the order.

A. Time Allowed.
Each side shall have the amount of time for argument set by court order. A
party may, for good cause, request more or less time in its motion for oral
argument or by separate motion filed no later than fifteen (15) days after the
order setting oral argument. A party is not required to use all of the time
allowed, and the Court may terminate any argument if in its judgment further
argument is unnecessary. A side may not exceed its allotted time without leave
of the Court.

B. Order and
Content of Argument. Unless the Court's order provides otherwise, the
appellant shall open the argument and may reserve time for rebuttal. The
appellant shall inform the Court at the beginning of the argument how much time
is to be reserved for rebuttal. Failure to argue a particular point shall not
constitute a waiver. Counsel shall not read at length from briefs, the Record
on Appeal, or authorities.

C. Multiple
Counsel and Parties. Unless the Court otherwise provides, multiple
appellants or appellees shall decide how to divide the oral argument time
allotted to their side. If more than one attorney on a side will participate in
oral argument, the first attorney shall inform the Court at the beginning of
the argument of the intended allocation of time, but the Court will not
separately time each attorney.

D. Cross-Appeals.
Unless the Court directs otherwise, if both parties file a Notice of Appeal,
the plaintiff in the action below shall be deemed the appellant for purposes of
this Rule. Otherwise, the party filing a Notice of Appeal shall be deemed the
appellant.

E. Amicus Curiae.
An amicus curiae may participate in oral argument without leave of the
court to the extent that all parties with whom the amicus curiae is
substantively aligned consent. Otherwise, the Court shall grant leave for an amicus
curiae to participate in oral argument only in extraordinary circumstances
upon motion by the amicus curiae.

F. Use of
Physical Exhibits at Argument; Removal. If physical objects or visual
displays other than handouts are to be used at the argument, counsel shall
arrange to have them placed in the court room before the Court convenes for the
argument. Counsel shall provide any equipment needed. After the argument,
counsel presenting the exhibits shall be responsible for removal of the exhibits
from the court room and, if necessary, for return to the trial court clerk.

G. Non-Appearance
at Argument. If one or more parties fail to appear at oral argument, the
Court may hear argument from the parties who have appeared, decide the appeal
without oral argument, or reschedule the oral argument. The Court may sanction
non-appearing parties.

H. Appeals Involving Court Records Excluded From
Public Access. In any appeal in which Court Records are excluded from Public
Access, the parties and counsel at any oral argument and in any public hearing
conducted in the appeal, shall refer to the case and parties only as identified
in the appellate Chronological Case Summary and shall not disclose any matter
excluded from Public Access in accordance with the requirements of
Administrative Rule 9(G).

A. Decisions From
Which Rehearing May be Sought. A party may seek Rehearing from the
following:

(1) a published opinion;

(2) a not-for-publication memorandum decision;

(3) an order dismissing an appeal; and

(4) an order declining to authorize the filing of a
successive petition for post-conviction relief.

A party may not seek rehearing of an order denying transfer.

B. Time for Filing
Petition. A Petition for Rehearing shall be filed no later than thirty (30)
days after the decision. Rule 25(C), which grants a three-day extension of time
for service by mail or third-party commercial carrier, does not extend the due
date, and no extension of time shall be granted.

C. Brief in
Response. No brief in response to a Petition for Rehearing is required
unless requested by the Court, except that the Attorney General shall be
required to file a brief in response to the Petition in a criminal case where
the sentence is death. A brief in response to the Petition shall be filed no
later than fifteen (15) days after the Petition is served or fifteen (15) days
after the Court issues its order requesting a response. Rule 25(C), which
provides a three-day extension for service by mail or third-party carrier, may
extend the due date; however, no other extension of time shall be granted.

D. Reply Brief
Prohibited. Reply briefs on Rehearing are prohibited.

E. Content and
Length. The Rehearing Petition shall state concisely the reasons the party
believes rehearing is necessary. The Petition for Rehearing and any brief in
response are governed by Rule 44.

F. Form and
Arrangement. The form and arrangement of the Petition for Rehearing and any
brief in response shall conform generally to Rule 43 and shall include a table
of contents, table of authorities, statement of issues, argument, conclusion,
word count certificate, if needed, and certificate of service.

When rehearing is sought
by one party, and transfer is sought by another, briefing shall continue under
Rule 54 for the Petition for Rehearing and under Rule 57 for the Petition to
Transfer. Once the Court of Appeals disposes of the Petition for Rehearing,
transfer may be sought from that disposition in accordance with Rule 57
governing Petitions to Transfer.

A. Motion Before
Consideration by the Court of Appeals. In rare cases, the Supreme Court
may, upon verified motion of a party, accept jurisdiction over an appeal that
would otherwise be within the jurisdiction of the Court of Appeals upon a
showing that the appeal involves a substantial question of law of great public
importance and that an emergency exists requiring a speedy determination. If
the Supreme Court grants the motion, it will transfer the case to the Supreme
Court, where the case shall proceed as if it had been originally filed there.
If a filing fee has already been paid in the Court of Appeals, no additional
filing fee is required.

B. Petition After
Disposition by the Court of Appeals; Filing Fee. After an adverse decision
by the Court of Appeals, a party may file a Petition under Rule 57 requesting
that the case be transferred to the Supreme Court. Upon the filing of a
Petition to Transfer, the petitioner shall pay a filing fee of $125 to the
Clerk. However, no filing fee is required if the Petition is filed by or on
behalf of a state or governmental unit, or by a party who proceeded informa
pauperis in the Court of Appeals.

A. Applicability.
This Rule applies to Petitions to Transfer an appeal from the Court of Appeals
to Supreme Court after an adverse decision by the Court of Appeals.

B. Decisions From
Which Transfer May be Sought. Transfer may be sought from adverse decisions
issued by the Court of Appeals in the following form:

(1) a published opinion;

(2) a not-for-publication memorandum decision;

(3) any amendment or modification of a published opinion or
a not-for-publication memorandum decision; and

(4) an order dismissing an appeal.

Any other order by the
Court of Appeals, including an order denying a motion for interlocutory appeal
under Rule 14(B) or 14(C) and an order declining to authorize the filing of a
successive petition for post conviction relief, shall not be considered an
adverse decision for the purpose of petitioning to transfer, regardless of
whether rehearing by the Court of Appeals was sought.

C. Time for
Filing Petition. A Petition to Transfer shall be filed:

(1) no later than thirty (30) days after the adverse
decision if rehearing was not sought; or

(2) if rehearing was sought, no later than thirty (30) days
after the Court of Appeals' disposition of the Petition for Rehearing.

Rule 25(C), which
provides a three day extension for service by mail or third-party commercial
carrier, does not extend the due date, and no extension of time shall be
granted.

D. Brief in
Response. A party may file a brief in response to the Petition no later
than twenty (20) days after the Petition is served. Rule 25(C), which provides
a three-day extension for service by mail or third-party commercial carrier,
may extend the due date; however, no other extension of time shall be granted.

E. Reply Brief.
The petitioning party may file a reply brief no later than ten (10) days after
a brief in response is served. Rule 25(C), which provides a three-day extension
for service by mail or third-party commercial carrier, may extend the due date;
however, no other extension of time shall be granted.

F. Form and
Length Limits. A Petition to Transfer, brief in response, and any reply
brief are governed by Rules 43 and 44. No separate brief in support of the
Petition to Transfer shall be filed.

G. Content and
Arrangement of Petition to Transfer. The Petition to Transfer shall
concisely set forth:

(1) Question Presented on Transfer. A brief
statement identifying the issue, question, or precedent warranting Transfer.
The statement must not be argumentative or repetitive. The statement shall be
set out by itself on the first page after the cover.

(2) Table of Contents. A table of contents containing
the items specified in Rule 46(A)(1).

(3) Background and Prior
Treatment of Issues on Transfer. A brief statement of the procedural and
substantive facts necessary for consideration of the Petition to Transfer,
including a statement of how the issues relevant to transfer were raised and
resolved by any Administrative Agency, the trial court, and the Court of
Appeals. To the extent extensive procedural or factual background is necessary,
reference may be made to the appellate briefs.

(4) Argument. An
argument section explaining the reasons why transfer should be granted.

(5) Conclusion. A
short and plain statement of the relief requested.

(6) Word Count Certificate,
if necessary. See Rule 44(F).

(7) Certificate of
Service. See Rule 24(D).

H. Considerations
Governing the Grant of Transfer. The grant of transfer is a matter of
judicial discretion. The following provisions articulate the principal
considerations governing the Supreme Court's decision whether to grant
transfer.

(1) Conflict in Court of Appeals' Decisions. The
Court of Appeals has entered a decision in conflict with another decision of
the Court of Appeals on the same important issue.

(2) Conflict with Supreme Court Decision. The Court
of Appeals has entered a decision in conflict with a decision of the Supreme
Court on an important issue.

(3) Conflict with Federal Appellate Decision. The
Court of Appeals has decided an important federal question in a way that
conflicts with a decision of the Supreme Court of the United States or a United
States Court of Appeals.

(4) Undecided Question of Law. The Court of Appeals
has decided an important question of law or a case of great public importance
that has not been, but should be, decided by the Supreme Court.

(5) Precedent in Need of Reconsideration. The Court
of Appeals has correctly followed ruling precedent of the Supreme Court but
such precedent is erroneous or in need of clarification or modification in some
specific respect.

(6) Significant Departure
From Law or Practice. The Court of Appeals has so significantly departed
from accepted law or practice or has sanctioned such a departure by a trial
court or Administrative Agency as to warrant the exercise of Supreme Court
jurisdiction.

A. Effect of Grant
of Transfer. The opinion or memorandum decision of the Court of Appeals
shall be final except where a Petition to Transfer has been granted by the
Supreme Court. If transfer is granted, the opinion or memorandum decision of
the Court of Appeals shall be automatically vacated except for:

(1) those opinions or portions thereof which are expressly
adopted and incorporated by reference by the Supreme Court; or

(2) those opinions or portions thereof that are summarily
affirmed by the Supreme Court, which shall be considered as Court of Appeals'
authority.

Upon the grant of
transfer, the Supreme Court shall have jurisdiction over the appeal and all
issues as if originally filed in the Supreme Court.

B. Effect of the
Denial of Transfer. The denial of a Petition to Transfer shall have no
legal effect other than to terminate the litigation between the parties in the
Supreme Court. No Petition for Rehearing may be filed from an order denying a
Petition to Transfer.

C. Supreme Court
Evenly Divided. When the Supreme Court is evenly divided upon the question
of accepting or denying transfer, transfer shall be deemed denied. When the
Supreme Court is evenly divided after transfer has been granted, the decision
of the Court of Appeals shall be reinstated.

A. Mandatory
Appeals. All appeals over which the Supreme Court exercises exclusive
jurisdiction under Rule 4(A)(1) and where the Supreme Court has accepted
jurisdiction under Rule 56(A) shall be appealed in the same manner that cases
are appealed to the Court of Appeals.

B. Direct Review.
When the Supreme Court Justices participating are evenly divided in such an
appeal, the trial court judgment shall be affirmed.

Supreme Court Review of
cases involving the mandate of funds is commenced pursuant to the procedure in
Trial Rule 60.5(B). The appeal shall thereafter proceed in accordance with such
orders on briefing, argument and procedure as the Supreme Court may in its
discretion issue.

A. Applicability.
This Rule governs an appeal by a minor or her physician from an adverse
judgment or order of a trial court under Indiana Code 16-34-2-4.

B. Permitted
Parties. For the purposes of this Rule, the term “ physician” shall mean a
natural person holding an unlimited license to practice medicine in the State
of Indiana. The next friend of the minor shall be a natural person.

C. Appeal by
Minor or Her Physician. A minor or her physician wishing to appeal a
judgment or order denying the waiver of parental consent to abortion shall file
with the trial court, no later than ten (10) days after entry of the order or
judgment is noted in the Chronological Case Summary, a written request that the
Record on Appeal be prepared and certified. The trial court judge shall
promptly certify the judgment or order and summary findings of fact and
conclusion of law, together with the Petition initiating the proceeding, and
either a stipulation of the facts or an electronic transcription of the evidence
taken in the proceeding. These certified documents shall constitute the Record
on Appeal. The trial court shall promptly transmit the Record on Appeal to the
Clerk. No motion to correct error or Notice of Appeal shall be filed.

D. Appeal by State
or Other Party. If the trial court grants the requested consent but the
State or any other proper party wishes to appeal and obtains a stay of the
trial court's order or judgment, the State or other party shall follow the
procedure in Section C.

E. Decision by
the Supreme Court. The appeal shall proceed directly to the Supreme Court,
which shall decide the appeal on the Record on Appeal without briefs or oral
argument, unless the Court otherwise directs. Any party may, however, file a
short statement of special points desired to be brought to the attention of the
Supreme Court, which statement need not conform to the usual requirements for
appellate briefs.

A. Review of Final
Judgment or Final Disposition. Any party adversely affected by a Final
Judgment of the Tax Court as defined by Rule 2(H), or a final disposition by
the Tax Court of an appeal from a court of probate jurisdiction, shall have a
right to petition the Supreme Court for review of the Final Judgment or final
disposition.

B. Rehearing.
Any party adversely affected by a Final Judgment or final disposition may file
a Petition for Rehearing with the Tax Court, not a Motion to Correct Error.
Rehearings from a Final Judgment or final disposition of the Tax Court shall be
governed by Rule 54. A Petition for Rehearing need not be filed in order to
seek Review, but when a Petition for Rehearing is used, a ruling or order by
the Tax Court granting or denying the same shall be deemed a final decision and
1 (one) Review may be sought.

C. Notice of
Intent to Petition for Review. A party initiates a Petition for Review by conventionally
filing a Notice of Intent to Petition for Review with the Clerk in accordance
with requirements of Rule 9 (except with respect to the filing fee) no later
than:

(1) thirty (30) days after the date of entry in the court’s
docket of the Final Judgment or final disposition if a Petition for Rehearing
was not sought; or

(2) thirty (30) days after the date of entry in the court’s
docket of the final disposition of the Petition for Rehearing if rehearing was
sought and such Petition was timely filed by any party.

Rule 25(C), which
provides a three-day extension for service by mail or third-party commercial
carrier, does not extend the due date for filing a Notice of Intent to Petition
for Review, and no extension of time shall be granted.

D. Clerk's Record
and Transcript. The Clerk shall give notice of filing of the Notice of
Intent to Petition for Review to the Court Reporter and shall assemble the
Clerk's Record in accordance with Rule 10. The Court Reporter shall prepare and
file the Transcript in accordance with Rule 11. The Clerk shall retain,
transmit, and grant access to the Clerk's Record in accordance with Rule 12.
Reference to the “trial court clerk” in Rules 10, 11, and 12 shall mean the
Clerk.

E. Petition for
Review. The petitioning party shall file its Petition for Review no later
than thirty (30) days after:

(1) the date of the docket entry of the Clerk’s Notice of Completion
of Clerk's Record if the Notice reports that the Transcript is complete or that
no Transcript has been requested; or

(2) in all other cases, the date of the docket entry of the
Clerk’s Notice of Completion of Transcript.

F. Brief in
Response. A party may file a brief in response to the Petition for Review
no later than thirty (30) days after the Petition is served.

G. Reply Brief.
The petitioning party may file a reply brief no later than fifteen (15) days
after a brief in response is served.

H. Review of
Interlocutory Orders. Any party adversely affected by an interlocutory
order of the Tax Court may petition the Supreme Court for Review of the order
pursuant to Rule 14(B), which shall govern preparation of the Record on Appeal
in interlocutory appeals. No Notice of Intent to Petition for Review shall be
filed after the Supreme Court accepts a petition for interlocutory review.

I. Form and
Length Limits. A Petition for Review, any brief in response, and any reply
brief are governed by Rules 43, 44, and 46; provided, that, immediately before
the Argument section in the Petition for Review and brief in response
there shall be a separate section entitled Reasons for Granting [or Denying]
Review, which shall concisely explain why review should or should not be
granted. Reference to the “appellant's brief,” “appellee's brief.” and
“appellant's reply brief” in Rule 46 shall mean the Petition for Review, brief
in response, and reply brief, respectively. No separate brief in support of the
Petition shall be filed.

J. Fiscal Impact.
Any brief may discuss the fiscal impact of the Tax Court's decision on
taxpayers or government.

K. Extensions of
Time. Extensions of time may be sought under Rule 35 except that no
extension of the time for filing the Notice of Intent to Petition for Review
shall be granted.

L. Appendices.
Appendices shall be filed in compliance with Rules 49, 50, and 51, Reference to
the “appellant's brief” and “appellee's brief” in Rule 49 shall mean the
Petition for Review and brief in response, respectively.

M. Considerations
Governing the Grant of Review. The grant of review is a matter of judicial
discretion. The following provisions articulate the principal considerations
governing the Supreme Court's decision whether to grant Review.

(1) Conflict in Tax Court
or Court of Appeals Decisions. The Tax Court has entered a decision in
conflict with another decision of the Tax Court or the Court of Appeals on the
same important issue.

(2) Conflict with Supreme
Court Decision. The Tax Court has entered a decision in conflict with a
decision of the Supreme Court on an important issue.

(3) Undecided Question of
Law. The Tax Court has decided an important question of law or a case of
great public importance that should be decided by the Supreme Court.

(4) Precedent in Need of
Reconsideration. The Tax Court has correctly followed the ruling precedent,
but such precedent is erroneous or in need of clarification or modification in
some specific respect.

(5) Conflict with Federal
Appellate Decision. The Tax Court has decided an important federal question
in a way that conflicts with a decision of the Supreme Court of the United
States or a United States Court of Appeals.

(6) Significant Departure
From Law or Practice. The Tax Court has so significantly departed from
accepted law or practice as to warrant the exercise of the Supreme Court's
jurisdiction.

N. Effect of
Denial of Review. The denial of a Petition for Review shall have no legal
effect other than to terminate the litigation between the parties in the
Supreme Court. No Petition for Rehearing may be filed from an order denying a
Petition for Review.

O. Effect
of Grant of Review. After the Supreme Court grants review, the Tax Court
retains jurisdiction of the case for the purpose of any interim relief or stays
the parties may seek. The Supreme Court may review the Tax Court's disposition
of any request for interim relief or stay.

P. Filing
Fee. Upon the filing of a Petition for Review, the petitioner shall pay a
fee of $125.00 to the Clerk in addition to any other fees to be paid to the
Clerk. However, no filing fee is required if the petition is filed on behalf of
a state or governmental unit or by a party who proceeded in forma pauperis
in the Tax Court.

Q. Applicability
of Other Appellate Rules. All other rules of appellate procedure shall
apply to Petitions for Review from the Tax Court except as otherwise
specifically provided in this Rule.

R. Supreme
Court Evenly Divided. Where the Supreme Court is evenly divided, either
upon the question of accepting or denying review, or upon the disposition of
the case once review is granted, review shall be deemed denied and the decision
of the Tax Court shall be final.

A. Applicability.
The United States Supreme Court, any federal circuit court of appeals, or any
federal district court may certify a question of Indiana law to the Supreme
Court when it appears to the federal court that a proceeding presents an issue
of state law that is determinative of the case and on which there is no clear
controlling Indiana precedent.

B. Procedure.
The federal court shall certify the question of Indiana law and transmit the
following to the Clerk:

(1) a copy of the certification of the question;

(2) a copy of the case docket, including the names of the
parties and their counsel; and

(3) appropriate supporting materials.

Federal courts certifying
questions to the Supreme Court are exempt from the requirements of Rule
68(C)(1); however, federal courts wishing to submit certified questions and
attendant materials electronically rather than conventionally may contact the
Clerk. The Supreme Court will issue an order either accepting or refusing the
question. If accepted, the Supreme Court may establish by order a briefing
schedule on the certified question.

A. Criteria for
Publication. All Supreme Court opinions shall be published in the official
reporter. A Court of Appeals opinion shall be published in the official
reporter and be citable if the case:

(1) establishes, modifies, or clarifies a rule of law;

(2) criticizes existing law; or

(3) involves a legal or factual issue of unique interest or
substantial public importance.

Other Court of Appeals
cases shall be decided by memorandum decision that are not published in the
official report and are not citable except as provided in (D). A judge who
dissents from a memorandum decision may designate the dissent for publication
in the official reporter if one (1) of the criteria above is met.

B. Time to File
Motion to Publish. Within fifteen (15) days of the entry of the decision, a
party may move the Court to publish in the official reporter any memorandum
decision which meets the criteria for publication in the official reporter.

C. Official
Reporter. West's Northeastern Reporter shall be the official reporter of
the Supreme Court and the Court of Appeals.

D. Precedential
Value of Memorandum Decision. Unless later designated for publication in
the official reporter, a memorandum decision shall not be regarded as precedent
and shall not be cited to any court except by the parties to the case to
establish res judicata, collateral estoppel, or law of the case.

E. Certification
of Opinion or Memorandum Decision. The Clerk shall serve uncertified copies
of any opinion or memorandum decision by a Court on Appeal to all counsel of
record, unrepresented parties, and the trial court at the time the opinion or
memorandum decision is handed down. The Clerk shall certify the opinion or
memorandum decision to the trial court or Administrative Agency only after the
time for all Petitions for Rehearing, Transfer, or Review has expired, unless
all the parties request earlier certification. If the Supreme Court grants
transfer or review, the Clerk shall not certify any opinion or memorandum
decision until final disposition by the Supreme Court. The trial court,
Administrative Agency, and parties shall not take any action in reliance upon
the opinion or memorandum decision until the opinion or memorandum decision is
certified.

F. Orders,
Decisions, and Opinions. Orders, decisions, and opinions issued by the
Court on Appeal shall be publicly accessible, but each Court on Appeal should
endeavor to exclude the names of the parties and affected persons, and any
other matters excluded from Public Access in accordance with Administrative
Rule 9(G), unless the Court on Appeal determines the conditions in
Administrative Rule 9(G)(7) are satisfied, or upon further general order of the
Court on Appeal.

A. Harmless Error.
No error or defect in any ruling or order or in anything done or omitted by the
trial court or by any of the parties is ground for granting relief or reversal
on appeal where its probable impact, in light of all the evidence in the case,
is sufficiently minor so as not to affect the substantial rights of the
parties.

B. Dismissal of
Appeals. No appeal shall be dismissed as of right because the case was not
finally disposed of in the trial court or Administrative Agency as to all issues
and parties, but upon suggestion or discovery of such a situation, the Court
may, in its discretion, suspend consideration until disposition is made of such
issues, or it may pass upon such adjudicated issues as are severable without
prejudice to parties who may be aggrieved by subsequent proceedings in the
trial court or Administrative Agency.

C. Disposition of
Case. The Court may, with respect to some or all of the parties or issues,
in whole or in part:

(1) affirm the decision of the trial court or
Administrative Agency;

(2) reverse the decision of the trial court or
Administrative Agency;

(3) order a new trial or hearing;

(4) if damages are excessive or inadequate, order entry of
judgment of damages in the amount supported by the evidence;

(5) if damages are excessive or inadequate, order a new
trial or hearing subject to additur or remittitur;

(6) order entry of Final Judgment;

(7) order correction of a judgment or order;

(8) order findings or a
judgment be modified under Ind. Trial Rule 52(B);

(9) make any relief granted
subject to conditions; and

(10) grant any other
appropriate relief.

D. New Trial or
Hearing. The Court shall direct that Final Judgment be entered or that
error be corrected without a new trial or hearing unless this relief is impracticable
or unfair to any of the parties or is otherwise improper. If a new trial is
necessary, it shall be limited to those parties and issues affected by the
error unless this would be impracticable or unfair.

E. Damages for
Frivolous or Bad Faith Filings. The Court may assess damages if an appeal,
petition, or motion, or response, is frivolous or in bad faith. Damages shall
be in the Court's discretion and may include attorneys' fees. The Court shall
remand the case for execution.

F. Execution From
the Court on Appeal. Any execution issued by the Court on Appeal shall be
the same as those issued by other courts of record and shall be returnable in
the same manner.

A. Time for Filing
Motion for Costs. Upon a motion by any party within sixty (60) days after
the final decision of the Court of Appeals or Supreme Court, the Clerk shall
tax costs under this Rule.

B. Components.
Costs shall include:

(1) the filing fee, including any fee paid to seek transfer
or review;

(2) the cost of preparing the Record on Appeal, including
the Transcript, and appendices; and

(3) postage expenses for service of all documents filed with
the Clerk.

The Court, in its
discretion, may include additional items as permitted by law. Each party shall
bear the cost of preparing its own briefs.

C. Party Entitled
to Costs. When a judgment or order is affirmed in whole, the appellee shall
recover costs. When a judgment has been reversed in whole, the appellant shall
recover costs in the Court on Appeal and in the trial court or Administrative
Agency as provided by law. In other cases, the recovery of costs shall be
decided in the Court's discretion. Costs against any governmental organization,
its officers and agencies, shall be imposed only to the extent permitted by
law.

D. Supreme Court
Equally Divided. When the Supreme Court justices participating in an appeal
are equally divided, neither party shall be awarded costs. See Rule 58(C).

A. User Agreement Required. Every User must
execute a User Agreement with one or more Electronic Filing Service Provider(s)
before that User may utilize the IEFS.

B. [Reserved]

C. Electronic Filing of Documents.

(1) Unless
otherwise permitted by these rules, all documents submitted for filing in the
Indiana Supreme Court or Court of Appeals by an attorney must be filed
electronically using the IEFS. The E-Filing of documents shall be controlled by
the case number in the IEFS designated by the User.

(2) Attorneys
who wish to be exempted from the requirement that they file electronically may
file a motion for electronic filing exemption. The motion must be filed in each
pending case to which these rules are applicable. The motion will be granted
only upon a showing of good cause.

D. Proof of Filing. Users should print or
otherwise save each Notice of Electronic Filing as proof of E-Filing.
Confirmation of E-Filing may also be made by referring to the Chronological
Case Summary of the court in which the case is pending through the Case
Management System of that court.

E. Conventionally Filed Documents.
Conventionally filed documents must be entered into the Case Management System
by the Clerk. If the original documents cannot be converted into a legible
electronic document, then the originals must be placed into the case file and
that action must be noted in the Chronological Case Summary. The filer must
also conventionally serve these documents in accordance with these Rules.

F. Service.

(1) Service
on Public Service Contact. Registered Users must serve all documents in a
case upon every other party who is a Public Service Contact through E-Service
using the IEFS. E-Service has the same legal effect as service of an original
paper document. E-Service of a document through the IEFS is deemed complete
upon transmission, as confirmed by the Notice of Electronic Filing associated
with the document. Exempt parties must serve all documents in a case as
provided by these Rules.

(2) Service
on Others. Service of documents on attorneys of record or on unrepresented
parties who are not Public Service Contacts must be as provided by these Rules.

G. Format Requirements.

(1) Documents
filed electronically must be formatted in conformity with these Rules and the
requirements of the IEFS.

(2) All
documents must be submitted in the manner required by the EFSP. The IEFS may be
accessed via any Internet connection available to the Registered User and at
Public Access Terminals located in the office of the Clerk or the office of a
county clerk.

H. Signature.

(1) All
documents electronically filed that require a signature must include a person’s
signature using one of the following methods:

(a) a graphic
image of a handwritten signature, including an actual signature on a scanned
document; or

(b) the indicator
“/s/” followed by the person’s name.

(2) A
document that is signed and E-Filed must be subject to the terms and provisions
of Appellate 23(E). A Registered User may include the signature of other
attorneys in documents E-Filed with the court but in doing so represents to the
court that any such signature is authorized.

I. Time and Effect. Subject to payment of all
applicable fees, a document is considered E-Filed on the date and time
reflected in the Notice of Electronic Filing associated with the document.
E-Filing must be completed before midnight to be considered filed that day, and
compliance with filing deadlines is determined in accordance with the time zone
in the location of the court where the case is pending. E-Filing under these
rules shall be available 24 hours a day, except for times of required
maintenance.

J. Official Court Record. The electronic version
of a document filed with or generated by the court under this rule is an
official court record.

K. [Reserved]

L. Certain Court Records Excluded From Public Access.With respect to documents filed in electronic format, the
court may, by rule, provide for compliance with this rule in a manner that
separates and protects access to Court Records excluded from Public Access.

M. Inability to E-File.

(1) Indiana
E-Filing System Failures.

(a) The
rights of the parties shall not be affected by an IEFS failure.

(b) When
E-Filing is prevented by an IEFS failure, a User or party may revert to
conventional filing.

(c) When
E-Filing is prevented by an IEFS failure, the time allowed for the filing of
any document otherwise due at the time of the IEFS failure must be extended by
one day for each day on which such failure occurs, unless otherwise ordered by
the Court.

(d) Upon
motion and a showing of an IEFS failure the Court must enter an order
permitting the document to be considered timely filed and may modify responsive
deadlines accordingly.

(2) Other
Failures Not Caused by the User who was Adversely Affected. When E-Filing
is prevented by any other circumstance not caused by the User who was adversely
affected, the User may bring such circumstances to the attention of the Court
and request relief as provided in Appellate Rule 35, or the User may revert to
conventional filing.

(a) Each volume of the Transcript shall
be independently and consecutively numbered at the bottom. Each volume shall
begin with numeral one on its front page.

(b) The lines of each page shall be numbered.
Except as provided below, each page shall contain no less than twenty-five (25)
lines unless it is a final page. Page numbers or header notations shall not be
considered part of the 25 lines of text.

(c) Exception: A page break may be inserted
before and after sidebar conferences, bench conferences, and hearings on
motions. Court Reporters are required to reduce the page count for billing
purposes by one-half page for every page of Transcript that includes a sidebar
conference, bench conference, or hearing on motions that is marked by such a
page break.

(3) Margins. The margins for the text
shall be as follows:

Top margin: one (1) inch from the edge of the
page.

Bottom margin: one (1) inch from the edge of
the page.

Left margin: Text shall begin no more than one
(1) inch from the edge of the page.

Right margin: Text shall end one (1) inch from
the edge of the page.

(4) Indentations. Certain text may be
indented as follows:

(a) Q and A. All “Q” and “A” designations must
begin at the left margin. A period following the “Q” and “A” designation is
optional. The statement following the “Q” and “A” must begin on the fifth (5th)
space following the “Q” or “A” (or period if used following the “Q” or “A”
designation). Subsequent lines must begin at the left margin.

(b) Depositions read at trial. The indentations
for “Q” and “A” must be the same as described above. In the Transcript, each
question and answer read from a deposition must be preceded by a quotation
mark. At the conclusion of the reading, a closing quotation mark must be used.

(c) Colloquy. Speaker identification must begin
on the tenth (10th) space from the left margin, followed immediately by a
colon. The statement must begin on the third (3rd) space after the colon.
Subsequent lines must begin at the left margin.

(d) Quotations. Quoted material other than
depositions must begin on the tenth (10th) space from the left margin, with
additional quoted lines beginning at the tenth (10th) space from the left
margin, with appropriate quotation marks used.

(5) Header Notations. The Court Reporter
shall note in boldface capital letters at the top of each page where a witness'
direct, cross, or redirect examination begins. Header notations of other types
of persons and/or events are permitted but not required. Listing the last name
of the witness or other party and the type of examination or other event is
sufficient.

(6) Typeface and Line Spacing.The
font, which must be 12-point type or smaller, shall be one of the fonts listed
in Appellate Rule 43(D) and black in color, beginning
July 1, 2016 and ending on June 30, 2018. Effective July 1, 2018, all
Transcripts shall use the font Calisto MT, 12-point or smaller, and be black in
color. Lines shall be double-spaced.

(7) Interruptions of Speech.
Interruptions of speech must be denoted by the use of a dash at the point of
interruption, and again at the point the speaker resumes speaking.

(8) Reporting Verbal Expressions. Except
as noted below, the Transcript must contain all words and other verbal
expressions uttered during the course of the proceeding.

(a) Striking of Portions of the Proceeding. No
portion of the proceeding must be omitted from the record by an order to
strike. The material ordered stricken, as well as the order to strike, must
appear in the Transcript.

(b) Editing of Speech. The Transcript must
provide an accurate record of words spoken in the course of proceedings. All
grammatical errors, changes of thought, contractions, misstatements, and poorly
constructed sentences must be transcribed as spoken.

(c) Indiscernible or Inaudible Speech. Every
effort should be made to produce a complete Transcript; however, the Court Reporter
may label a portion of the Transcript “indiscernible” or “inaudible” if it is
impossible to transcribe the record.

(d) Private Communications. Private
communications and off the record conversations inadvertently recorded must not
be included in the Transcript.

(e) Standard Summary Phrases.

(i) Call to Order, Swearing in, Affirmation
of Witnesses or Jurors, and other customary introductory statements must be
noted in the Transcript using standard summary phrases.

(ii) Standard summary phrases must appear in
parentheses or brackets and begin with an open parenthesis or bracket on the
fifth (5th) space from the left margin, with the phrase beginning in the sixth
(6th) space from the left margin.

Examples: (Call to Order of the
Court)

(The Jury is Sworn)

(The Witness is Sworn)

(The Witness is Affirmed)

(f) Identification of Speakers. All speakers
must be properly identified throughout the Transcript, initially by their full
name, thereafter by the following designations or courtesy titles, in capital
letters indented ten (10) spaces from the left margin.

The judge shall be identified as THE COURT

An attorney shall be identified as MR., MRS.,
MS., or MISS (last name)

A witness shall be identified as THE WITNESS

An interpreter shall be identified as THE
INTERPRETER

The defendant in a criminal case shall be
identified as THE DEFENDANT

(9) Speaker/Event Identification.
References to speakers and events that occur throughout proceedings must be
properly noted in capital letters and centered on the appropriate line.

Examples: AFTER RECESS

DIRECT EXAMINATION

CROSS EXAMINATION

REDIRECT EXAMINATION

RECROSS EXAMINATION

FURTHER REDIRECT EXAMINATION

PLAINTIFF’S EVIDENCE

PLAINTIFF RESTS

DEFENDANT’S EVIDENCE

DEFENDANT RESTS

PLAINTIFF’S EVIDENCE IN REBUTTAL

(10) Parenthetical Notations. Parenthetical
notations must begin with an open parenthesis or bracket on the fifth (5th)
space from the left margin, with the remark beginning on the sixth (6th) space
from the left margin. Parenthetical notations in a Transcript are a Court Reporter’s
own words, enclosed in parentheses or brackets, recording some action or event.
Parenthetical notations should be as short as possible but consistent with
clarity and standard word usage.

Parenthetical notations are used for (a) customary
introductory statements such as a call to order of court or swearing in a
witness, and (b) indicating non-verbal behavior, pauses, and readback/playback.

(a) The following parenthetical notations
should be used to designate portions of proceedings:

(i) Proceedings Started, Recessed, and
Adjourned, with Time of Day and Any Future Date Indicated where Appropriate.

Examples: (Recess at 12:00 p.m.)

(Recess at 12:00 p.m. until 1:30 p.m.)

(Proceedings concluded at 5:00 p.m.)

(ii) Jury In/Out.

Examples: (Jury out at 2:15 p.m.)

(Jury in at 2:40 p.m.)

If a jury is involved, it is essential to indicate by the
proper parenthetical notation whether the proceeding occurred: in the presence
of the jury, out of the presence of the jury, out of the hearing of the jury,
prior to the jury entering the courtroom, or after the jury left the courtroom.

(iii) Defendant Present/Not Present. In
criminal trials, this designation must be made if not stated in the record by
the judge.

(iv) Bench/Side Bar Conferences. This
designation must note whether the bench/side bar conference is on or off the
record. If all the attorneys in court are not participating in bench/side bar
conference, the parenthetical notation must so indicate.

Examples: (Bench conference on the
record)

(Bench conference off the record with Mr.
Johnson and Ms. Smith)

(At side bar on the record)

(At side bar)

(End of discussion at side bar)

(v) Discussions off the Record. This
designation must note where the discussion took place.

(vi) Chambers Conferences. This designation
must note the presence or absence of parties in chambers.

Examples: (Discussion off the record in
chambers with defendant not present)

(Discussion on the record in chambers with
defendant present)

(b) The following parenthetical notations
should be used for nonverbal behavior, pauses, and readback/playback.

(i) Nonverbal Behavior, Pauses. Attorneys,
and judges in some instances, should note for the record any nonverbal behavior
(e.g. physical gestures, lengthy pauses by witnesses). Parenthetical phrases
may be used to indicate physical gestures to which attorneys or judges refer.

Examples: (Nods head up and down)

(Shakes head from side to side)

(Indicating)

If an attorney or judge refers to a physical gesture, but
the nature of the gesture is specified in the log notes, then the transcriber
may use the parenthetical phrase “(inaudible response).”

(ii) Readback/Playback. All readbacks and/or
playbacks and the party requesting must be noted parenthetically as follows:

If the question and/or answer requested to be read or
played back appears on the same page as the request, the following
parenthetical must be used: (The last question and/or answer was read/played
back)

If the question and/or answer, or both, appear on a
previous page, the Court Reporter should restate the question and/or answer in
full, with appropriate quotation marks and parentheses.

(11) Volume. A Transcript volume shall be a single PDF or PDF/A file
consisting of no more than the lesser of two hundred fifty (250) pages or
twenty megabytes (20 MB). Each volume shall be numbered at the bottom starting
with numeral one on each volume’s front page.

(12) Front
Page. The front page of each volume shall
conform to Form #App.R. 28-1.

(13) Table of Contents. The Court
Reporter shall prepare a table of contents listing each witness and the volume
and page where that witness's direct, cross, and redirect examination begins.
The table of contents shall identify each exhibit offered and shall show the Transcript
volumes and pages at which the exhibit was identified and at which a ruling was
made on its admission in evidence. The table of contents shall be a separate
volume.

(14) [Deleted, eff. January 1, 2017]

(15) File
Formatting and Size. The electronic Transcriptmust be saved in one (1) or more files in either searchable Portable
Document Format (“searchable PDF”) or in searchable Portable Document Format
for Long-Term Preservation (“searchable PDF/A”). Each file must be limited in
size to the lesser of two hundred fifty (250) pages
or 20 megabytes[1]
(20 MB). Each file must be named using the following convention: CaseNumber-DocumentType-volume#.pdf
(e.g., 53C031601MI00123-Transcript-1.pdf, 53C031601MI00123-Transcript-2.pdf,
53C031601MI00123-Exhibit-1.pdf, 53C031601MI00123-Exhibit-2.pdf). Valid document
types include: Table of Contents, Transcript, Index, and Exhibit.

(16) Electronic
Storage Devices. The Court Reporter shall transcribe the evidence on one or
more sequentially numbered electronic data storage devices for each complete
transcription. Approved media for electronic storage include USB flash memory
drives, compact discs (CDs), and digital versatile discs (DVDs) specifically
formatted to store electronic data in a File Allocation Table (FAT) or File
Allocation Table 32 (FAT-32) file system. CDs and DVDs should be prepared for
distribution (e.g., finalized, closed session) to ensure that the files can be
opened by the Clerk. Each electronic data storage device shall be labeled or
tagged to identify the names of the parties and case number in the proceedings
in the trial court; the Court on Appeal case number, if known; the device
sequence number, if more than one (1) device is required for a complete
Transcript; the signature of the Court Reporter.

(17)
Original Version. The Court Reporter shall retain a copy of the electronic
Transcript in the original word processing version used for the transcription.

(18) Signature.
All electronic documents that require a signature must include a person’s
signature using one of the following methods:

(a) a graphic
image of a handwritten signature, including an actual signature on a scanned
document; or

(b) the
indicator “/s/” followed by the person’s name.

(19) Malware.
The Court Reporter shall take reasonable steps to ensure that the Transcript
and other files do not contain malicious software (“malware”), such as viruses,
worms, and Trojan horses. The Clerk will scan all files for malware. Any files
that contain malware will be rejected by the Clerk and will not be processed.
Rejection of a filing because it contains malware will not necessarily excuse a
late filing.